Contract Law Modifications

Summary

Contract modifications require consideration to be valid. Acceptance is effective upon dispatch if the specified method is used. Unilateral contracts require performance for acceptance. Intent to accept is judged objectively. Only the original offeree can accept an offer. Common law requires a mirror image acceptance. UCC allows contracts with minor discrepancies. Contracts by minors for necessities are enforceable for reasonable value. Intoxicated individuals contracts can be voided if incapacity is proven. Contracts by adjudicated insane individuals are void. Minors contracts can be ratified by continued performance after reaching majority. Ratification can be express or implied. Contracts involving illegal acts lack valid consideration.

Full Conversation

Where an offer stipulates a certain means of acceptance, the offeree's acceptance is effective upon dispatch if he uses that means. Group of answer choices True False
The statement is True.
When an offer specifies a particular method of acceptance, the acceptance is considered effective once it is dispatched, as long as the offeree uses the stipulated means. This is based on the "mailbox rule" in contract law.
To accept an offer for a unilateral contract, the offeree can either perform the requested act or promise to perform the act requested by the offer. Group of answer choices True False
The statement "To accept an offer for a unilateral contract, the offeree can either perform the requested act or promise to perform the act requested by the offer" is False.
In a unilateral contract, acceptance is typically completed by the offeree only through actual performance of the requested act, not by merely promising to perform it.
When determining the presence of the intent to accept, a subjective standard is used. Group of answer choices True False
Case Rating: *
False. When determining the presence of the intent to accept, an objective standard is used, which means that the intent is judged based on outward expressions and the reasonable perception of the parties involved, rather than their internal or subjective intentions.
The only person with the legal power to accept an offer and create a contract is the original offeree. Group of answer choices True False
Case Rating: *
The statement "The only person with the legal power to accept an offer and create a contract is the original offeree" is True. Only the original offeree has the authority to accept the offer and enter into a binding contract with the offeror.
Which source of law requires the acceptance be an identical or almost identical "mirror image" of the offer in order to form a contract? Group of answer choices Common Law Uniform Commercial Code CISG State Laws
Case Rating: *
The source of law that requires the acceptance to be an identical or almost identical "mirror image" of the offer in order to form a contract is:
- Common Law
This principle is known as the "mirror image rule" under common law.
Able Co. entered into a contract with Baker Co. for the sale of goods. Both parties are merchants under the UCC. Each party used its own form as an offer and acceptance. On the back of each form there were minor terms that conflicted with each other. What is result of these minor differences in terms on the forms used by the parties? Group of answer choices There is no contract here because there is no "mirror image" between the offer and the acceptance. There is no contract here because there is no "meeting of the minds." A contract does result, and it includes Baker's terms. A contract does result, and it includes the terms agreed upon plus gap-fillers from the UCC.
Case Rating: *
In the scenario involving Able Co. and Baker Co., the result of the minor differences in terms on their forms is that a contract does result, and it includes the terms agreed upon plus gap-fillers from the UCC. The UCC allows for the formation of a contract even if there are minor discrepancies in the terms, and it provides gap-fillers for terms that are not agreed upon.
If you have any more questions about this or need further clarification, feel free to ask!
Arthur offered to sell his house to Mike for $*,*. Even before Mike responded to the offer, Jack learnt of the offer and called up Arthur to accept the offer. Jack’s action represents a(n) _____. Group of answer choices offer promise notification acceptance
Case Rating: *
Jack's action represents a new offer. Only the original offeree, Mike, can accept Arthur's offer to form a contract. When Jack tries to accept the offer, he is essentially making a new offer to Arthur.
Is there anything else you need help with?
On Thursday, Trista receives a letter from Charlie in which he offers to sell her a diamond ring. The letter states, "if you choose to accept, you must do so prior to *:* p.m. tomorrow." Trista had a telegram of acceptance dispatched before *:* p.m. on Friday. The telegram is delivered to Charlie's home at *:* p.m. Do Trista and Charlie have a contract? Group of answer choices No, because Trista's supposed acceptance was untimely. Yes, because Trista dispatched the telegram prior to *:* p.m. No, because Trista's use of a telegram was not a proper method to accept an offer. Yes, unless Charlie is not home to receive the telegram.
Case Rating: *
Trista and Charlie have a contract. According to the "mailbox rule" in contract law, if an acceptance is dispatched using a reasonable means before the deadline, it is effective upon dispatch. Since Trista dispatched the telegram before *:* p.m., the contract is valid.
Would you like more information on contract law?
If the offeree accepts the offeror's terms while complaining about them, it is called a grumbling acceptance. Group of answer choices True False
Case Rating: *
True. In contract law, a "grumbling acceptance" occurs when the offeree accepts the terms of the offer while expressing dissatisfaction or complaints about them. Despite the complaints, the acceptance is still valid.
Do you have any other questions or need further clarification on a legal matter?
The UCC says that where an offer is unclear about the form of acceptance it requires, the offer may be accepted in any manner that is reasonable under the circumstances. Group of answer choices True False
Case Rating: *
True. Under the Uniform Commercial Code (UCC), if an offer does not specify the form of acceptance, any reasonable manner of acceptance is allowed based on the circumstances.
Is there anything else you need assistance with?
Mike Minor buys some real estate for investment purposes. The contract obligates Mike to make monthly installment payments for ten years. Mike reaches the age of majority one month after making the contract. After this, Mike makes * monthly payments under the contract, but then decides that he wants to rescind (disaffirm) the deal. Which of the following is most true? Group of answer choices Mike can disaffirm. Mike cannot disaffirm because contracts for the sale of land can only be disaffirmed before the age of majority. Mike cannot disaffirm because contracts for the sale of land must be disaffirmed within one year of the age of majority. Mike cannot disaffirm because he has already ratified the contract.
Case Rating: *
Mike cannot disaffirm because he has already ratified the contract.
In contract law, ratification occurs when a person, after reaching the age of majority, continues to perform under a contract that was entered into while they were a minor. By making * monthly payments after reaching the age of majority, Mike's actions indicate that he has ratified the contract.
Is there anything else you’d like to know about this topic?
Sarah is 16 years old. She left home at age *; her parents no longer support her. Sarah entered into a contract with Best Groceries for the purchase of $* of groceries on credit. The groceries consisted of basic, necessary items. However, their reasonable value is only $*. If Sarah discovers that she has been overcharged and refuses to pay, Best is entitled to collect Group of answer choices nothing. $*. $*. $*.
Case Rating: *
In this scenario, Best Groceries is entitled to collect $*. In Kansas, contracts entered into by minors for necessities can be enforced, but only up to the reasonable value of the items. Since the groceries' reasonable value is $*, that's what Best Groceries can collect.
Under the theory that alcohol and drug use should not be rewarded, today most courts say that contracts made by intoxicated people are perfectly binding, no matter how severe the intoxication. Group of answer choices True False
Case Rating: *
False. Generally, contracts made by intoxicated individuals are not perfectly binding. If a person was so intoxicated that they could not understand the nature and consequences of the contract, and the other party knew of the intoxication, the contract can often be voided or considered voidable by the intoxicated person.
Do you have any other legal questions or need further clarification on this topic?
Payne entered into a written agreement to sell a parcel of land to Stevens. At the time the agreement was executed, Payne had consumed alcoholic beverages. Payne’s ability to understand the nature and terms of the contract was not impaired. Stevens did not believe that Payne was intoxicated. The contract is Group of answer choices void as a matter of law. legally binding on both parties. voidable at Payne’s option. voidable at Stevens’ option.
Case Rating: *
Since Payne's ability to understand the nature and terms of the contract was not impaired, and Stevens did not believe Payne was intoxicated, the contract is legally binding on both parties.
If you have more specific legal questions or need further information, feel free to ask!
A minor's contract for necessaries makes the minor liable for the reasonable value of the necessaries furnished to him. Group of answer choices True False
Case Rating: *
True. In Kansas, and generally under common law, a minor's contract for necessaries (such as food, clothing, shelter) makes the minor liable for the reasonable value of the necessaries furnished to them.
Is there a specific legal issue you need help with regarding minors and contracts?
Ted, while he was a minor, failed to disaffirm a contract during his minority or for a reasonable period after becoming an adult. This contract was automatically Group of answer choices ratified. disaffirmed. set aside. made voidable at the option of the minor.
Case Rating: *
The correct answer is: ratified.
In Kansas, if a minor does not disaffirm a contract during their minority or within a reasonable time after reaching the age of majority, the contract is considered ratified by default.
Is there anything specific you need more information on regarding this topic?
A contract made by a person who has been adjudicated to be insane and institutionalized or put under a guardian's care is void rather than voidable. Group of answer choices True False
Case Rating: *
True. In Kansas, as in most jurisdictions, a contract made by a person who has been adjudicated insane and institutionalized or placed under a guardian's care is considered void rather than voidable.
Do you have any more questions or need further clarification on this topic?
The general rule is that the contracts entered into during minority can be disaffirmed as soon as they are formed. Which of the following is an exception to the rule? Group of answer choices Contract affecting investment. Contract affecting the title to real estate. Contract affecting necessary supplies to be provided to the minor. Contract affecting his/her employment as a child actor.
Case Rating: *
In Kansas, the exception to the rule that contracts entered into during minority can be disaffirmed is usually those affecting necessary supplies to be provided to the minor. This is because minors are liable for the reasonable value of necessaries.
Would you like more information on this topic or have any other legal questions?
Ratification has to be expressly made only in written form. Group of answer choices True False
Case Rating: *
False. Ratification of a contract can be made either expressly in written form or impliedly through actions that indicate acceptance of the contract terms. For instance, continuing to perform under the contract can constitute implied ratification.
Is there a specific legal issue you need more information on regarding contracts and ratification?
Ratification has to be expressly made only in written form. Group of answer choices True False
Case Rating: *
False. Ratification can be done expressly in writing, but it can also be implied through actions that demonstrate acceptance of the contract terms.
Do you have any specific questions regarding contracts and ratification?
A person who at the time of the contract lacked capacity due to mental impairment can ratify the contract once he regains his normal mental faculties. Group of answer choices True False
Case Rating: *
True. In Kansas, a person who lacked capacity due to mental impairment at the time of the contract can ratify the contract once they regain their normal mental faculties.
Is there a specific legal issue you need help with regarding contracts and mental capacity?
Professor Leek loves coffee and in fact he needs coffee throughout the day. Because Professor Leek isn’t always able to stop for coffee before his class, he would like to enter a contract to have a student or students bring a cup of coffee to her every class period. Professor Leek says to a student, Alma, “I promise to pay you $*.* each class if you promise to bring me a *-oz mocha (almond milk, no whipped cream) from Café Tempo, delivered to my office each week * minutes before class starts.” Alma says: “I agree.” For the first three weeks Alma delivers the coffee and Professor Leek pays her $*.*. The fourth week, Alma does not deliver the coffee to Professor Leek’s office. Waylon arrives at Professor Leek’s office at the proper time with the correct coffee and says “Alma is sick today; she asked me to bring the coffee to you and said that I can collect the $*.*.” *) In this fourth week scenario, which action represents an assignment? Explain.
Case Rating: *
The action that represents an assignment is Alma asking Waylon to deliver the coffee and collect the payment on her behalf. In contract law, an assignment occurs when one party transfers their rights or obligations under a contract to another party. Here, Alma assigns Waylon the task of delivering coffee and collecting the payment, transferring her contractual obligation and right to payment to Waylon.
Would you like more detailed information on assignments and how they work in contract law?
In this fourth week scenario, which action represents a delegation? Explain.
Case Rating: *
The action that represents a delegation is Alma asking Waylon to deliver the coffee to Professor Leek. Delegation in contract law occurs when a party to the contract transfers their duties or obligations to another party. Here, Alma is delegating her duty to deliver the coffee to Waylon, while the responsibility to ensure the coffee is delivered remains with Alma.
how is it different from assignment
Case Rating: *
In the scenario you provided:
- Assignment: Alma's request for Waylon to collect the $*.* payment on her behalf. This is because Alma is transferring her right to receive the payment to Waylon.
- Delegation: Alma asking Waylon to deliver the coffee. Here, Alma is transferring her duty to deliver the coffee to Waylon.
Would you like more information on assignments and delegations in contract law?
What are the elements of a contract?
Case Rating: *
The core elements of a contract are:
- Offer: A clear proposal made by one party to another.
- Acceptance: Agreement to the terms of the offer.
- Consideration: Something of value exchanged between the parties.
- Mutuality: Both parties must intend to be bound by the contract.
- Capacity: Parties must have the legal ability to enter into a contract.
- Legality: The contract's purpose must be lawful.
Is there a specific issue you are dealing with regarding a contract?
In a contract involving both goods and services, does the common law or UCC Article * apply?
Case Rating: *
It depends on whether the goods or services portion of the contract predominates.
- If the transaction is primarily for goods, UCC Article * applies.
- If the transaction is primarily for services, common law applies.
Would you like more information on how to determine which predominates in your specific case?
*) What is the difference between an executed and an executory contract?
Case Rating: *
An executed contract is one where all the terms have been fully performed by all parties involved. In contrast, an executory contract is one where some or all the terms have yet to be fulfilled.
Do you need more information on a specific type of contract?
*) Marsha is concerned that her friend Tom is engaged in dangerous activities. Marsha offers Tom $*,* if he will refrain from stealing cars for the next six months. Tom accepts her offer. Do they have an enforceable contract? Why or why not?
Case Rating: *
No, Marsha and Tom do not have an enforceable contract. This is because the contract lacks proper consideration. The legal concept of consideration requires that both parties exchange something of value. In this case, refraining from illegal activities (stealing cars) is not considered valid consideration because Tom does not have a legal right to engage in such activities in the first place.
Would you like more information on what constitutes valid consideration in a contract?
*) Sam enters in to a written agreement with Paula, aged *, to sell her a used car for $*,*. Because they live in different cities, they finalize the agreement using the US mail. Before they complete the sale, Sam gets an offer of $*,* for the car. He notifies Paula by mailing a letter that he wants to rescind the contract because Paula is a minor. Paula receives the letter and asks you whether she can enforce the contract for the sale of the car. What advice to you give her and why?
Case Rating: *
Paula, since you are a minor, the contract you entered into with Sam is voidable at your option. This means you can choose to enforce or rescind the contract. However, Sam cannot use your minority to rescind the contract himself.
Do you have any specific questions about the next steps you should take?
Which of the following is not one of the implied warranties that the assignor gives to the assignee? Group of answer choices That the obligor has capacity to contract. That the contract is not voidable for any reason known to the assignor. That the assignor has good title to the rights assigned. That the obligor is solvent.
Case Rating: *
The correct answer is:
- That the obligor is solvent.
Would you like more information on implied warranties in contract assignments?
Under the "American Rule" governing successive assignments, the first assignee in time has the superior right. Group of answer choices True False
Case Rating: *
False. Under the "American Rule" governing successive assignments, the priority is given to the first assignee who gives notice to the obligor, rather than the first assignee in time.
Is there anything else you need help with regarding this topic?
Anti-assignment clauses in contracts are not enforceable. Group of answer choices True False
Case Rating: *
False. Anti-assignment clauses in contracts are generally enforceable unless they are deemed unreasonable or are against public policy. These clauses prevent the transfer of contractual rights or obligations without prior consent from the other party.
Once an assignment occurs, the assignee acquires Group of answer choices limited rights. greater rights than the assignor. the same rights as the assignor had prior to assignment. no rights at all.
Case Rating: *
The assignee acquires the same rights as the assignor had prior to the assignment. This means that the assignee steps into the shoes of the assignor and has all the rights and obligations that the assignor had under the contract.
Is there anything else you need help with regarding contract assignments?
Once an assignment has occurred, the assignee cannot assign the contract rights to another. Group of answer choices True False
Case Rating: *
False. Once an assignment has occurred, the assignee can generally assign the contract rights to another unless the contract specifically prohibits such further assignment or the assignment would significantly change the obligor's duties or increase the burden or risk imposed on them.
Do you have any other legal questions or need further clarification on this topic?
It is important to promptly notify the obligor that an assignment has occurred. Why? Group of answer choices It is a necessary requirement for a valid assignment. The obligor might perform to the assignor rather than the assignee. The obligor’s duty to perform is completely discharged. If the obligor neither knew nor had reason to know about the assignment, the obligor remains liable to the assignee.
Case Rating: *
The most accurate reason for promptly notifying the obligor that an assignment has occurred is to ensure that the obligor performs to the correct party. Therefore, the correct answer is:
- The obligor might perform to the assignor rather than the assignee.
Would you like more information on assignments and obligations in contracts?
Edna is a leading brain surgeon in the United States. She enters into a contract to perform a complicated brain surgery on Ben. However, since Edna is very busy, she wants to assign/delegate this contract to a less experienced surgeon, Charles. This would be Charles’ first operation of this type. Ben can object to this assignment/delegation and prevent it because the contract between Ben and Edna is a(n) Group of answer choices contract for services to be performed in the future. contract involving personal skill. services contract. employment contract.
Case Rating: *
Ben can object to the assignment/delegation because the contract involves Edna's personal skill as a leading brain surgeon, which is a crucial aspect of the agreement.
Would you like more information on contracts involving personal skill?
For a third person to have the right to enforce a contract, he should prove that Group of answer choices he was the party to the contract. he had been given a promise. the contract was made to benefit him. the contract provides him incidental benefit.
Case Rating: *
For a third person to have the right to enforce a contract, he should prove that:
- The contract was made to benefit him.
Would you like more information on third-party beneficiary rights in contract law?
Once a party properly delegates a duty to the delegatee, that party is relieved of any obligation to perform the duty. Group of answer choices True False
Case Rating: *
False. Even after delegating a duty to a delegatee, the original party remains ultimately responsible for ensuring that the duty is performed. The delegatee's failure to perform can still leave the original party liable.
Do you have any specific questions about contract delegation or anything else?