LEGL 2700 ROESSING EXAM 4 2026 EXAM
PREPARATION PACK KEY LEGAL REASONING
CASE LAW ANALYSIS AND PROCEDURAL
RULES WITH SAMPLE QUESTIONS
◉ A contractual communication that contains a specific promise and
a specific demand
Definite, present intent to be bound to a contract
Initiates the process of making a contract. Answer: Offer
◉ Saying something that sounds like an offer but no reasonable
person would take seriously
Related case: Leonard v. Pepsico. Answer: Puffery
◉ Papa John's "Better Ingredients, Better Pizza". Answer: Case that
was determined to be puffery and dismissed
◉ Terms and conditions may apply to an ad pre-offer
Ex) billboard on highway. Answer: Invitation to negotiate
,◉ When the terms of an agreement are not sufficiently specific, the
agreement does not rise to the level of a contract. Answer:
Indefiniteness
◉ The contractual communication of withdrawing an offer
Cannot be done upon completion of performance. Answer:
Revocation
◉ The refusal of an offer
Terminates an offer
Cannot be reversed. Answer: Rejection
◉ An offer made in response to another's offer
Acceptance must be for as it is
Usually made in place of an acceptance
Usually terminates an offer. Answer: Counteroffer
◉ When the offeree fails to accept by a deadline defined in the offer
or after a reasonable period of time. Answer: Lapse of Time
◉ When the object of the contract is destroyed or legally eliminated.
Answer: Subject Matter Destruction
, ◉ When the offeror no longer has the capacity to make the offer.
Answer: Offeror Death or Insanity
◉ Offer is automatically revoked if illegal
Also Subsequent Illegality. Answer: Subject Matter Illegality
◉ The contractual communication of agreeing to another's offer
Creates a contract. Answer: Acceptance
◉ The common law rule that the terms of an acceptance offer must
mirror exactly the terms of the offer
Any variation of terms would make the attempted acceptance a
counteroffer
Exceptions under UCC Battle of Forms. Answer: Mirror Image Rule
◉ Section 2-207 of the UCC changes the mirror image rule for
contracts involving the sale of goods; an expression of acceptance
between two merchants is treated as such even if it adds or changes
offer terms UNLESS:
1) Offer expressly limits acceptance to the original terms
2) The proposed terms materially alter the contract
3) The offeror rejects the proposed terms within a reasonable
amount of time. Answer: UCC Battle of Forms
PREPARATION PACK KEY LEGAL REASONING
CASE LAW ANALYSIS AND PROCEDURAL
RULES WITH SAMPLE QUESTIONS
◉ A contractual communication that contains a specific promise and
a specific demand
Definite, present intent to be bound to a contract
Initiates the process of making a contract. Answer: Offer
◉ Saying something that sounds like an offer but no reasonable
person would take seriously
Related case: Leonard v. Pepsico. Answer: Puffery
◉ Papa John's "Better Ingredients, Better Pizza". Answer: Case that
was determined to be puffery and dismissed
◉ Terms and conditions may apply to an ad pre-offer
Ex) billboard on highway. Answer: Invitation to negotiate
,◉ When the terms of an agreement are not sufficiently specific, the
agreement does not rise to the level of a contract. Answer:
Indefiniteness
◉ The contractual communication of withdrawing an offer
Cannot be done upon completion of performance. Answer:
Revocation
◉ The refusal of an offer
Terminates an offer
Cannot be reversed. Answer: Rejection
◉ An offer made in response to another's offer
Acceptance must be for as it is
Usually made in place of an acceptance
Usually terminates an offer. Answer: Counteroffer
◉ When the offeree fails to accept by a deadline defined in the offer
or after a reasonable period of time. Answer: Lapse of Time
◉ When the object of the contract is destroyed or legally eliminated.
Answer: Subject Matter Destruction
, ◉ When the offeror no longer has the capacity to make the offer.
Answer: Offeror Death or Insanity
◉ Offer is automatically revoked if illegal
Also Subsequent Illegality. Answer: Subject Matter Illegality
◉ The contractual communication of agreeing to another's offer
Creates a contract. Answer: Acceptance
◉ The common law rule that the terms of an acceptance offer must
mirror exactly the terms of the offer
Any variation of terms would make the attempted acceptance a
counteroffer
Exceptions under UCC Battle of Forms. Answer: Mirror Image Rule
◉ Section 2-207 of the UCC changes the mirror image rule for
contracts involving the sale of goods; an expression of acceptance
between two merchants is treated as such even if it adds or changes
offer terms UNLESS:
1) Offer expressly limits acceptance to the original terms
2) The proposed terms materially alter the contract
3) The offeror rejects the proposed terms within a reasonable
amount of time. Answer: UCC Battle of Forms
