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Exam 11: Agreement

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Question 21

Multiple Choice

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Richie,a user of SmartPhoneApps.com's Web site,can download apps for free if he first clicks on "I accept" after viewing certain terms. This is

A) a contract that does not include the terms.
B) a contract that includes the terms.
C) not a contract but the terms are enforceable.
D) unenforceable.

E) A) and D)
F) A) and C)

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Question 22

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No offer can be accepted by silence.

A) True
B) False

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Question 23

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A forum-selection clause specifies that any contract dispute will be settled in a particular jurisdiction.

Barney offers to sell his Call Marketing Center business to Domino for $100,000. Domino replies,"The price is too high. I will offer to buy it for $90,000." Domino has

Megan gives out a business card with an e-mail address on it. It is reasonable to infer that Megan has consented to

In a bilateral contract,communication of acceptance is necessary.

Rafi offers a tour of Bay Harbor aboard his sailboat,Sea Siren,to Tiara's Travel Group for $500. Referring to the prices for similar tours,Tiara's says,"We'll pay no more than $400." Rafi's offer is

Pacific Charter Company offers to provide an air-conditioned bus to Quincy's tour group for $1,500 plus the cost of the fuel. The mailbox rule applies if Quincy accepts the offer by

Fresh Fast Service,Inc.,offers to deliver produceto Growers' Market's customers for a certain price. Fresh's intent to extend a serious offer to Growers' Market is determined by reference to Fresh's

An option contract is created when an offeror promises to hold an offer open for a specified period of time in return for a payment given by the offeree.

Signe offers to sell Thom her textbook but conditions the sale on Thom ac-cepting the offer by March 1. Signe may revoke the offer

Beth goes to Dr. Carlton for surgery. Carlton says that Beth should be fully healed within a week. Beth is not healed within a week. With respect to breach of contract,Carlton is

Naomi tells Ogden,who has no knowledge of Shakespearean comedy,that she will tutor him in the subject for $50. As an offer,this is

An invitation to negotiate-"can you afford this?"-is an offer.

An offer does not need to be communicated to the offeree to become effective.

Pastry Dough,Inc.,sends its catalogue to Octavio and includes a "per-son-alized" letter inviting him to buy any item in it at the ad-vertised price. This is

An invitation to negotiate is an agreement.

An offeror's subjective intent determines the effectiveness of an offer.

Pete negotiates a deal for the sale of certain real estate to Owen. Pete promises to hold the offer open in return for a small payment but does not state an exact period of time. With respect to this offer

There are no revocable offers.