Formation of contracts — Flashcards

Formation of contracts Bar Exam Flashcards - Medical Study Cards

Master Formation of contracts with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.

Formation of contracts Flashcard Deck - 10 Cards

Flashcard 1: What is the common-law mirror-image rule, and what is the effect of a nonconforming response to an offer?

Answer: Under the majority common-law rule, acceptance must match the offer’s terms exactly; a response adding or changing terms is generally a counteroffer, not an acceptance. A mere inquiry or request that does not condition assent on the new term is not a counteroffer.

Flashcard 2: When does an acceptance become effective under the mailbox rule, and what are its principal exceptions?

Answer: Under the majority mailbox rule, an acceptance is effective when properly dispatched, unless the offer requires receipt, the acceptance is sent after a prior rejection, or the offer is an option contract. For an option contract, acceptance generally becomes effective only upon receipt.

Flashcard 3: What is the preexisting-duty rule for consideration?

Answer: A promise to perform a duty the promisee already owes the promisor is not new consideration because it adds no legal detriment or benefit. The rule generally does not apply when the duty is owed to a third party or when unforeseen circumstances support a fair modification under the applicable law.

Flashcard 4: What is required to accept an offer for a unilateral contract under the Restatement majority rule?

Answer: The offeree must complete the requested performance; beginning performance creates an option contract under Restatement § 45, but it does not itself complete acceptance or form the underlying contract.

Flashcard 5: What standard determines whether a party manifested intent to enter a contract?

Answer: The majority rule applies an objective standard: intent is determined by the party’s outward words and conduct as reasonably understood by the other party, not by undisclosed intent.

Flashcard 6: What makes an offer sufficiently definite under the common law?

Answer: The offer must identify the parties, subject matter, and essential terms with enough certainty for a court to determine breach and provide a remedy; typically, price, quantity, and time are required when material.

Flashcard 7: When can silence operate as acceptance of an offer?

Answer: Silence ordinarily is not acceptance, but it may operate as acceptance when the offeree takes the benefit of offered services with a reasonable opportunity to reject, the parties’ prior dealings establish that silence means assent, or the offeree indicates that silence will constitute acceptance and intends that result.

Flashcard 8: How are advertisements and other general solicitations ordinarily treated in contract formation?

Answer: Under the majority rule, they are invitations to make offers rather than offers because they usually lack commitment and definite terms. An advertisement can be an offer if it is clear, definite, explicit, and leaves nothing open for negotiation.

Flashcard 9: Why is an illusory promise insufficient consideration?

Answer: A promise is illusory when it does not actually bind the promisor, such as a promise to buy only if the promisor chooses to do so. Because no legal detriment is exchanged, it cannot serve as consideration for the other party’s promise.

Flashcard 10: What events terminate the power of acceptance before acceptance occurs?

Answer: Under the majority rule, the power of acceptance ends by rejection or counteroffer, lapse of the stated or reasonable time, revocation communicated to the offeree, or death or incapacity of either party.

Keywords: Formation of contracts flashcards, medical flashcards, NEET PG preparation, USMLE Step 1 flashcards, Anki alternative, spaced repetition medical, Oncourse flashcards

Study by Chapter

Offers and the power of acceptance

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Acceptance and irrevocable offers

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Consideration and the bargain requirement

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Promissory estoppel and restitution

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Modification of contracts

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Formation and gap-filling under Article 2

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About Formation of contracts Flashcards for Bar Exam

These Formation of contracts flashcards are designed for Bar Exam Contracts preparation, using active recall to help you retain high-yield concepts, clinical correlations, and commonly tested facts. Each card prompts you to retrieve information from memory rather than passively reviewing notes, which research shows leads to significantly better exam performance.

The 10 cards in this deck cover the most important topics in Formation of contracts, including key mechanisms, diagnostic criteria, treatment protocols, and clinical pearls that frequently appear in Bar Exam examinations. Cards are organised by chapter so you can focus on specific areas or work through the entire topic systematically.

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Frequently Asked Questions

Are Formation of contracts flashcards free on Oncourse?

Yes, completely free. You can study all 10 Formation of contracts flashcards on this page at no cost. For spaced repetition scheduling and progress tracking, download the Oncourse app.

How do flashcards help with Bar Exam preparation?

Flashcards use active recall — instead of passively re-reading notes, you retrieve information from memory. Research shows this builds stronger, longer-lasting memories and is one of the most effective study strategies for medical exams like Bar Exam.

How many Formation of contracts flashcards are available?

There are currently 10 flashcards for Formation of contracts under Contracts, organised by chapter. New cards are added regularly to cover the latest Bar Exam syllabus.

Can I study Formation of contracts flashcards by chapter?

Yes. The flashcards are organised by chapter so you can focus on specific areas or work through the entire topic systematically. Scroll down to the "Study by Chapter" section to pick a chapter.

What topics do these Contracts flashcards cover?

The cards cover high-yield concepts, clinical correlations, diagnostic criteria, treatment protocols, and commonly tested facts from Formation of contracts. They mirror the depth and style of Bar Exam questions.

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