BLAW Final Exam Study Guide Solutions
Offer and Acceptance - ANSWER-1. the acceptance of unilateral offers can be made by a promise to
ship or by shipment itself.
2. not all terms have to be included for a contract to result.
3. particulars of performance can be left open.
4. Firm written offe...
2. Patrol evidence is admissible to clarify the terms of a writing:a. if the contract terms are ambiguous.
b. if the evidence of course of dealing, usage of trade, or course of performance is necessary to learn or
to clarify the intentions of the parties to the contract.
Unconscionability - ANSWER✔✔-an unconscionable contract is one that is so unfair and one sided that it
would be unreasonable to enforce it. if the court deems a contract to be unconscionable at the time it
was made, the court can 1) refuse to enforce the contract; 2) refuse to enforce the unconscionable
clause of the contract; or 3) limit the application of any unconscionable clauses to avoid an
unconscionable result.
How is an Express Warranty created? - ANSWER✔✔-as a part of a sale or bargain, a seller may create an
express warranty by -
1. an affirmation of fact or promise.
2. a sale by description.
3. a sample shown as conforming to bulk.
Possible defenses of an Express warranty - ANSWER✔✔-1. statement that is purported to create
warranty was an option.2. specific language or conduct negated or limited warranty.
How is an Implied warranty of merchantability created? - ANSWER✔✔-The warranty arises when the
seller is a merchant who deals in goods of the kind sold.
Page 3/18
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Emillect. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.49. You're not tied to anything after your purchase.
