Formation and gap-filling under Article 2 Bar Exam Flashcards - Medical Study Cards
Master Formation and gap-filling under Article 2 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 and gap-filling under Article 2 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.
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