Under the common law of contracts, if a printed form contract has additional handwritten terms on it, courts will
1.
accept the handwritten terms over the printed ones.
2.
remove the handwritten terms.
3.
replace the handwritten terms with typed terms.
4.
remove the printed terms.
5.
disregard both printed terms and handwritten ones as they cancel
each other out.
Correct Answer:
A. (1)
Explanation:
As per the provisions of the common law, the handwritten terms of contract are given precedence over the printed or typed terms of contract. So, in between the handwritten terms and typed terms, handwritten terms are given preference over what is typed or printed.
Under the common law of contracts, if a printed form contract has additional handwritten terms on...
Which of the following characterizes definiteness standards under the common law? 0 A. Courts are contract enforcers. OB. Contracts need to contain all the terms. OC. Courts should be able to provide "gap fillers" in contracts. D. Courts can take a "hands-on" approach to contracts.
Under the common law, an acceptance cannot deviate from the terms of the offer without being considered either a rejection or a counteroffer. Under UCC Article 2: Group of answer choices an acceptance is only valid if it occurs in writing an acceptance is only valid if it is made within 3 months of the offer an acceptance is valid when the parties intend to form a contract⎯even though the offeree's acceptance contains different terms from those in the offer...
5. (True/False). Under the UCC, if certain contract terms, such as price or time of delivery are left open, it is not acceptable to fill in these terms. 6. (True/False). The "mirror image rule" is a UCC principle which provides that the acceptance of an offer must be on identical terms to the offer. 7. This rule is a legal rule/concept that provides that the written sales contract is the final expression of the parties' agreement and neither party can...
11. An enforceable contract always requires which one of the following: a, mutual consideration b, a warranty c) a written document d) a statute authorizing the contract e) a sale 12. Sandra sued her supervisor, and her employer (the Boeing Co.). claiming that she was sexually harassed on the job, by her supervisor, who was trying to get Sandra to give him sexual favors in return for a promotion If Sandra wins the case against the supervisor and Boeing, then...
independent contractor under the longstanding "common law test" is a. the location of the work. b. the amount of money the worker makes. c. the right of the employer to control, how, where and when the work 14. The main factor in determining if a worker is an employee or an gets done. whether the worker is a member of a labor union. A work visa is not required for a foreign national to work in the U.S. if a....
44. Agreements under the “Statute of Frauds” must: a. be in writing b. be for under $100.00 c. be on legal paper d. be notarized e. all of the above f. a and d only 45. An “illegal agreement” is one that will not be enforced because it violates: a. mirror reflection rule b. statutory law c. mutual rescission d. discord and satisfaction e. all of the above 46. The “parole evidence rule” related to contracts may refer to: a....
14. The version of promissory estoppel in the Restatement (Second) of Contracts provides that if parties enter into an oral contract that should be in writing under the Statute of Frauds, the oral promise is enforceable against the promisor if certain conditions are met. Which of the following is NOT one of these conditions? A. the promise relied on the oral promise B. the reliance was foreseeable C. injustice can be avoided only by enforcing the oral promise D. the...
Waterway Wizard is a publishing company with a number of different book lines. Each line has contracts with a number of different authors. The company also owns a printing operation called Quick Press. The book lines and the printing operation each operate as a separate profit center. The printing operation cars revenue by printing books by authors under contract with the book lines owned by Waterway Wizard, as well as authors under contract with other companies. The printing operation bils...
1. An entity invests in a security that is not, in form, common stock. Identify a characteristic of that security that would support a determination (even if not conclusively) that the security is in-substance common stock 2. Identify one condition that must be met for an asset group to be classified as held for sale. 3. What is the main condition for reporting a disposed component as a discontinued operation? 4. Company X leases property for 10 years under which...
Case review for Alaska Packers Assoc. v Domenico (9th Circuit, 1902) Issue, Ruling, Application, Conclusion ROSS, Circuit Judge. The libel in this case was based upon a contract alleged to have been entered into between the libelants and the appellant corporation on the 22d day of May, 1900, at Pyramid Harbor, Alaska, by which it is claimed the appellant promised to pay each of the libelants, among other things, the sum of $100 for services rendered and to be rendered....