If it reasonably appears that the parties intended to make a valid contract, a court may apply the presumption that the parties’ intent was to include a reasonable term to rectify any __________ term.
Missing
vague
If the parties to an otherwise valid contract have included a term that is too vague, __________.
The contract will be unenforceable unless the vagueness can be cured
The contract is enforceable.
A vague term in a contract can be cured by __________.
part performance
complete performance
The mirror image rule requires __________.
An absolute and unequivocal acceptance of each and every term of the offer
A counter offer
When a contract for the sale of goods is missing the price term, __________.
the price will be made using the fair market value
the price will be a reasonable price at the time of delivery go to explanation
Under Article 2, when an offeree proposes additional or different terms as part of an otherwise valid acceptance, the acceptance __________.
is valid
Is effective, unless the acceptance is expressly made conditional on assent to the additional or different terms
becomes a counter offer
Under Article 2, when an offeree proposes additional or different terms during acceptance, the court will apply __________ to determine whether the additional or different terms become part of the contract.
the mirror image rule
the battle of the forms provision
quasi-contract
Once an offeree begins performance in response to an offer for a true unilateral contract, __________.
The offer becomes irrevocable
The offer is invalid
The offer can still be revoked by the offerer
An agreed upon price is a necessary element for a valid __________.
bilateral contract
real property contract
unilateral contract
Article 2 has abandoned the __________, in favor of the __________.
Battle of the forms provision; mirror image rule
Mirror image rule; battle of the forms provision
In an auction __________, once the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time.
Without reserve
With reserve
Generally, whether a communication is deemed an offer depends upon __________.
the objective or apparent intention of the offeror to make an offer
the subjective intention of the offeror and the offeree
In an auction __________, the auctioneer may withdraw the goods at any time until he announces completion of the sale.
When can an offeror properly revoke an offer for a unilateral contract?
Anytime after the offeree has begun performance.
Anytime before the offeree has begun performance
After performance is complete
An offer for a unilateral contract can be accepted by __________.
Full performance only
Partial performance
Which of the following would satisfy the mirror image rule?
A grumbling acceptance
A partial acceptance
A expressly conditional acceptance
When might a court utilize an Article 2 “gap filler”?
When the price is not included in a contract for the sale of goods
When a word is vague
Under Article 2, when a merchant responds to an offer to buy goods by simply shipping similar, but nonconforming, goods, that shipment is considered __________.
an acceptance
an acceptance and a breach of the contract
a counter offer
a breach of contract
Traditional contract law insisted on an absolute and unequivocal acceptance of each and every term of the offer. This concept is commonly referred to as:
The mirror image rule
The battle of the forms provision
The mailbox rule
A quasi-contract is __________.
Formed by a court to avoid unjust enrichment
Formed by conduct, rather than language
Formed by language, oral or written
