Answer:
1. Which might be Tommy’s best argument to collect from Thacker?
A. An implied contract was formed.
2. Which is an example of a situation where intent to make an offer may be lacking?
D. All of the above.
3. Which is an example of a material (essential) term required to be included in an enforceable contract?
D. All of the above.
4. Which is not a way that an offer can be terminated by action of the parties?
B. Offeror performs acts inconsistent with the existence of the offer (e.g., transacts the same business with a different offeree).
Explanation:
The contract existing between Tommy and Thacker can be implied or express. Â The legally-binding obligation that derives from the actions, conduct, or circumstances of Tommy and Thacker creates an implied contract with the same legal force as an express contract. Â On the other hand, an express contract is voluntarily entered into and agreed on verbally or in writing by two or more parties.