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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 is enforceable.
The contract will be unenforceable unless the vagueness can be cured
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 __________.
becomes a counter offer
Is effective, unless the acceptance is expressly made conditional on assent to the additional or different terms
is valid
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.
quasi-contract
the mirror image rule
the battle of the forms provision
Once an offeree begins performance in response to an offer for a true unilateral contract, __________.
The offer becomes irrevocable
The offer can still be revoked by the offerer
The offer is invalid
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 __________.
Mirror image rule; battle of the forms provision
Battle of the forms provision; mirror image rule
In an auction __________, once the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time.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 subjective intention of the offeror and the offeree
the objective or apparent intention of the offeror to make an offer
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 __________.
Partial performance
Full performance only
Which of the following would satisfy the mirror image rule?
A expressly conditional acceptance
A grumbling acceptance
A partial 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 __________.
a breach of contract
an acceptance and a breach of the contract
a counter offer
an acceptance
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 battle of the forms provision
The mirror image rule
The mailbox rule
A quasi-contract is __________.
Formed by conduct, rather than language
Formed by language, oral or written
Formed by a court to avoid unjust enrichment