Acceptance Self-Quiz

 

 

 

 

 

 

 

On March 30th, Sol celebrated his fiftieth birthday by attending a surprise party that his daughter, Michelle, threw in his honor. One of the guests at the party is David, the harpist for the symphony. David is widely considered to be the greatest classical harpist in the world. Knowing that her father is an avid classical music fan, Michelle takes David aside and promises to pay him $500 if David promises to give a one hour concert before the guests leave. Without replying to Michelle, David turns his attention to the guests, asks for quiet and begins to play. About twenty minutes into the concert, Michelle tells David that she is withdrawing her offer and will not pay the $500. David sues Michelle for breach of contract. David will probably:
Choice 1 Win, because he began performance
Choice 2 Win, because he relied on Michelle’s promise
Choice 3 Lose, because he should give the concert for free as a birthday gift to Sol
Choice 4 Lose, because David did not accept Michelle’s offer with a promise
On March 30th, Sol celebrated his fiftieth birthday by attending a surprise party that his daughter, Michelle, threw in his honor. One of the guests at the party is David, the harpist for the symphony. David is widely considered to be the greatest classical harpist in the world. Knowing that her father is an avid classical music fan, Michelle takes David aside and promises to pay him $500 if David promises to give a one hour concert before the guests leave. Without replying to Michelle, David turns his attention to the guests, asks for quiet and begins to play. After David finishes the concert, Michelle tells him that she is withdrawing her offer and will not pay the $500. David sues Michelle for breach of contract. David will probably:
Choice 1 Win, because he finished the performance
Choice 2 Win, because he relied on Michelle’s promise
Choice 3 Lose, because he should give the concert for free as a birthday gift to Sol
Choice 4 Lose, because David did not accept Michelle’s offer with a promise
On March 30th, Sol celebrated his fiftieth birthday by attending a surprise party that his daughter, Michelle, threw in his honor. One of the guests at the party is David, the harpist for the symphony. David is widely considered to be the greatest classical harpist in the world. Knowing that her father is an avid classical music fan, Michelle takes David aside and promises to pay him $500 if David gives a one hour concert before the guests leave. David promises that he will give the concert at the end of the party. Before David begins playing, Michelle tells him that she is withdrawing her offer and will not pay the $500. David sues Michelle for breach of contract. David will probably:
Choice 1 Win, because he promised to perform
Choice 2 Win, because he relied on Michelle’s promise
Choice 3 Lose, because Michelle retracted the offer before David began to play
Choice 4 Lose, because he should give the concert for free as a birthday gift to Sol
Paul hires Ringo to redo the roof of his band’s recording studio. Paul agrees to pay Ringo $5,000 and Ringo agrees to complete the job in two weeks. True to his word, Ringo completes the job in two weeks. However, he forgets to tell Paul that he has finished. One week later, having not received the $5,000 from Paul, Ringo files suit against Paul for breach of contract. Ringo will win this case:
True
False
Before leaving on an extended vacation, Paul hires Ringo to redo the roof of his band’s recording studio. Paul agrees to pay Ringo $5,000 and Ringo agrees to complete the job in two weeks. True to his word, Ringo completes the job in two weeks. However, he forgets to tell Paul that he has finished. Nine months later, Ringo contacts Paul, who is still on vacation, and tells him that the roof is finished. Paul informs Ringo that he will not be paying Ringo the $5,000. Ringo files suit against Paul for breach of contract. Ringo will win this case:
True
False
Paul hires Ringo to redo the roof of his band’s recording studio. Paul is about to go on a two week vacation but, when he returns, he plans on recording an album in the studio. Paul agrees to pay Ringo $5,000 and Ringo agrees to complete the job in two weeks. True to his word, Ringo completes the job in two weeks. However, he forgets to tell Paul that he has finished. A few days after Ringo finishes the work, Paul returns from vacation and goes to the studio to begin work on his album. Upon arriving at the studio, he sees that the roof has been finished. However, Paul does not send Ringo the $5,000 he owes him. One month later, having not received the $5,000 from Paul, Ringo files suit against Paul for breach of contract. Ringo will win this case:
True
False
The symphony has just finished a performance at Carnegie Hall. The performance featured a lengthy solo by David, who was playing a special hand held harp crafted specially for this performance. Unfortunately, the harp goes missing after the performance. David looks all over for the instrument but it is nowhere to be found. David places an add in the New York Times, offering a reward of $1,000 to anybody who finds and returns the harp to him. About a week later, Sol finds the harp in a dumpster in the back of Carnegie Hall. Sol goes to the symphony as often as he can and he recognizes the harp as belonging to David as soon as he sees it. Not knowing of the reward offer, Sol immediately makes his way over to the symphony’s rehearsal site and returns the harp to David. When David tells Sol to wait for a minute while David gets the reward money, Sol says “I didn’t even know that there was a reward for returning the harp.” When David hears this, he refuses to pay the $1,000. If Sol sues David for breach of contract, Sol will probably:
Choice 1 Win, because he returned the harp
Choice 2 Win, because the purpose for which David placed the add, getting the harp back, was fulfilled
Choice 3 Lose, because Sol had the moral responsibility to return David’s lost property to him
Choice 4 Lose, because Sol did not know about the reward.
The symphony has just finished a performance at Carnegie Hall. The performance featured a lengthy solo by David, who was playing a special hand held harp crafted specially for this performance. Unfortunately, the harp goes missing after the performance. David looks all over for the instrument but it is nowhere to be found. David places an add in the New York Times, offering a reward of $1,000 to anybody who finds and returns the harp to him. About a week later, Sol finds the harp in a dumpster in the back of Carnegie Hall. Remembering that he had seen an add offering a reward for the harps return, Sol immediately makes his way over to the symphony’s rehearsal site and returns the harp to David. Sol tells David “I know that there is a reward for returning the harp but I want you to know that I think returning lost property to people is the moral thing to do and I would have brought the harp back to you anyway.” When David hears this, he refuses to pay the $1,000. If Sol sues David for breach of contract, Sol will probably:
Choice 1 Win, because he returned the harp
Choice 2 Win, because the purpose for which David placed the ad, getting the harp back, was fulfilled
Choice 3 Lose, because Sol had the moral responsibility to return David’s lost property to him
Choice 4 Lose, because Sol gave up the reward by telling David that he would have returned the harp regardless of the reward
The symphony is getting ready to go on a concert tour of the United States and in preparation for the trip, new bows for all of the string instrument players are ordered. David, a member of the symphony who is coordinating the trip contacts the Merry Melody Music Supply Co. and orders fifty new bows made of oak wood and horse hair to be delivered on April 1st. In response to the order, Merry ships David fifty bows made of oak wood and willow reeds. David decides to keep the bows but he sues Merry for breach of contract anyway. David will probably:
Choice 1 Lose, because shipping non-conforming goods did not constitute valid acceptance of David’s offer
Choice 2 Lose, because David kept the bows
Choice 3 Win, because sending non-conforming goods is considered a valid acceptance of the offer and a breach of the contract
Choice 4 Win, because Merry sent the wrong goods on purpose
The symphony is getting ready to go on a concert tour of the United States and in preparation for the trip, new bows for all of the string instrument players are ordered. David, a member of the symphony who is coordinating the trip contacts the Merry Melody Music Supply Co. and orders fifty new bows made of oak wood and horse hair to be delivered on April 1st. In response to the order, Merry ships David fifty bows made of oak wood and willow reeds. Enclosed with the bows is a note that says “Dear David, we have enclosed bows made of willow reeds because horse hair bows are very difficult to find right now. Rest assured that bows made of willow reeds work just as well as those made of horse hair. Let us know if you are satisfied.” David decides to keep the bows but he sues Merry for breach of contract anyway. David will probably:
Choice 1 Lose, because Merry’s actions did not constitute valid acceptance of David’s offer
Choice 2 Lose, because David kept the bows
Choice 3 Win, because sending non-conforming goods is considered a valid acceptance of the offer and a breach of the contract
Choice 4 Win, because Merry sent the wrong goods on purpose

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