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BLAW Final Exam Questions and Correct Answers
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BLAW Final Exam Questions and Correct Answers
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BLAW Final ExamOffer 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 offers made by a MERCHANT, the duration of which is 3 months or less, cannot be
revoked.
5. Acceptance by performance requires notice within a reasonable time; otherwise, the offer can be
treated as lapsed.
6. The price does not have to be included to have a contract.
7. variations in terms between the offer and the acceptance may not be a rejection but may be an
acceptance.
8. acceptance may be made by any reasonable means of communication; it is effective when dispatched.
Consideration - Answer -A modification of a contract for the sale of goods does not require
consideration.
Requirement under the Statute of Frauds - Answer -1. all contracts for the sale of goods priced at $500
or more must be in writing.
2. exceptions:
a. when written confirmation of an oral contract between merchants is not objected to in writing by the
receiver within 10 days.
, b. when the oral contract is for specially manufactured goods not suitable for resale to others, and the
seller has substantially started to manufacture the goods.
c. when the defendant admits in pleadings, testimony, or other court proceedings that an oral contract
for the sale of goods was made. In this case the contract will be enforceable to the quantity of goods
admitted.
d. when payment has been made and accepted under the terms of an oral contract. The oral agreement
will be enforceable to the extent that goods have been received and accepted.
When is a writing sufficient? - Answer -as long as it indicates a contract between the parties and it is
signed by the party against whom enforcement is sought. A contract is not enforceable beyond the
quantity shown in the writing
Patrol Evidence - Answer -1. The terms of a clearly and completely worded written contract cannot be
contradicted by oral or other evidence.
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.
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