Question

22. Paul wants to hire Peter to teach him basic gardening techniques, Paying him $10 per hour. Peter agrees. The agreement is not in writing, is it a valid, enforceable contract?

a. Yes

b. No

23. Defamation is a tort

a. True

b. False

24. Corvallis-Albany Candle Company faxes an order form to Candle Manufacturing Company (CMC) offering to purchase 10,000 yellow candles at $1.00 each. CMC replies by fax

and says “sounds good,—we’re very busy, so delivery will be next month”. How will CMC’’s response be treated?

a. As a counter-offer and rejection

b. As an acceptance with additional terms proposed that will not automatically become part of the contract.

c. As an acceptance with additional terms that will become a part of the contract unless the original offer was condition upon CMC not proposing additional terms, the additional

terms do not materially alter the contract, and Corvallis-Albany Candle Company does not object to the additional terms within a reasonable period of time.

d. As a rescission

25. Corvallis-Albany Candle Company faxes an order form to Candle Manufacturing Company (CMC) offering to purchase “an order of candles—yellow, red and blue—at $1 each,

to arrive within one week.” Is this a valid offer?

a. Yes

b. No.

26. Jason offers to sell Freddie his commercial building on Elm St. for $1million. Freddie responds, "I’ll give you $900,000." Jason does not respond. Can Freddie later accept Jason’s

offer to sell the building for $1million?

a. Yes

b. No, Freddie’s counter-offer was a rejection of Jason’s offer to sell for $1 million.

c.Yes, if he does so within a reasonable amount of time

d. None of the above

Answer 1

22) Yes. A contract does not always have to be in writing to be enforceable

23) True.

24) c. As an acceptance with additional terms that will become a part of the contract unless the original offer was condition upon CMC not proposing additional terms, the additional terms do not materially alter the contract, and Corvallis-Albany Candle Company does not object to the additional terms within a reasonable period of time.

25) a. Yes

26) c.Yes, if he does so within a reasonable amount of time