9) What is the function of the gap-filling rule used under the UCC 9) A) It assu
ID: 374826 • Letter: 9
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9) What is the function of the gap-filling rule used under the UCC 9) A) It assures the offeree that goods will be he B) It helps open terms be read into a contract C) It protects the offeror from additional terms that may be added by the offeree D) It helps a merchant revoke his offer even after acceptanoe. ld open for a reasonable time. 10) If an order or other offer to buy goods requires immediate or current shipment, the offer is accepted 10)_ A) if the seller reasonably notifies the buyer that the shipment is an accommodation B) after the buyer has reasonable opportunities to inspect the goods C) if the seller promptly ships either conforming goods D) after the seller sends a written confirmation within 3 months of the contracting 11) 11) A written modification to an oral contract is required if the oral modification to the contract A) has been performed to an extent C) is within the Statutes of Frauds B) involves specially manufactured goods D) is worth less than $500 in costs 12) 12) is a rule that says that if a written contract is a complete and final statement of the parties' agreement, any prior or contemporaneous oral or written statements that alter, contradict, or are in addition to the terms of the written contract are inadmissible in court regarding a dispute over the contract. B) Open terms rule D) Firm offer rule ) Gap-filling rule Parol evidence rule 13 13) Miranda Airways, a commercial air carrier, has a contract with Wurtherton, Inc, an airplane manufacturer, to purchase a new plane. Due to a sudden shortage of cash, Miranda Airways goes to MetrosBank. MetrosBank issues a document to Wurtherton that if Miranda does not pay for the transaction, MetrosBank would. Wurtherton considers the offer, and then sends an acceptance with additional terms. The additional terms stipulates that Miranda Airways could have the new airplane for a period of 10 years, and then return it to Wurtherton. Miranda Airways agrees to the acceptance, and Wurtherton hands the new airplane over to them. What UCC rule was applied when Miranda Airways agreed to the additional terms acceptance provided by Wurtherton? A) battle of the forms rule C) mirror image rule B) firm offer rule D) gap-filling rule 14) Stelwire LLC, a vintage car dealer, advertises the sale of a 1964 Ford Thunderbolt. Ralph responds 14) to the advertisement with an offer of $80,000 for the car. Stelwire signs a written assurance to keep that offer open to Ralph for a fortnight. Five days before the fortnight is up, Stelwire sells the car to another buyer. At the end of the fortnight period, Ralph tenders $80,000 for the car, but the car has already been sold. Ralph then buys the same model car from another dealer for $90,000 and sues Stelwire for breach of contract. The court rules that Stelwire is liable to Ralph for breach of contract and orders Stelwire to pay Ralph the difference of $10,000 he paid extra to the second dealer for the car. Which of the following rules govens the execution of this contract? A) mirror image rule C) battle of the forms rule B) firm offer rule D) gap-filling ruleExplanation / Answer
9.
B
Gap filing rule is used to interpret those part of the contract that are ambiguous in nature. Further, the rule helps the court to understand the intension of the parties involved in the contract. It brings clarification upon the contract and open terms are well interpreted.
10.
C
In the given scenario, the offer is accepted by seller immediately ships or conform the shipment on immediate basis.
11.
C
Any contract that constitutes the statutes of the fraud, should have written contract. For example, any buy or sell of goods worth more than $500 or the trading of real estate property come under the category of statutes of fraud. Here, the written contract is required.
12.
C
It is a rule that prevents the parties of the contract to bring such evidences that want to justify any ambiguity in the contract and tries add modification to the contract. Hence, it nullifies the efforts of the parties once the contract is created after the final review of all the parties.
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