benchmarks.wiki

benchmarks.wiki / Public workspace

MMLU-Pro / 1446 / Question 13. A buyer sent a signed letter to a seller that stated: "Ship 100…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

Question 13. A buyer sent a signed letter to a seller that stated: "Ship 100 boxes of nails at $3 per box, the price quoted in your circular." The seller mailed the buyer a signed form acknowledgment that agreed to the buyer's terms and stated on the reverse side: "Disputes regarding quality shall be arbitrated." The buyer did not reply to the seller's acknowledgment, and the seller shipped the nails. When the buyer received the nails, it found their quality to be unsatisfactory and sued the seller for breach of warranty. The seller has asked an attorney whether the parties' contract requires arbitration of the buyer's claim. What is the best advice the attorney can provide?

category

law

options

  1. A contract was formed when the buyer received the nails, but the arbitration term is not valid as it was not explicitly agreed upon by the buyer.
  2. A contract was formed pursuant to conduct when the buyer received the nails, and a court would exclude the arbitration provision from the contract.
  3. A contract was formed when the seller mailed its acknowledgment, and the arbitration term must be accepted by the buyer because it was included in the acknowledgment.
  4. No contract exists, because the arbitration term in the seller's acknowledgment was a new term that was not in the original agreement.
  5. No contract exists, because the arbitration term in the seller's acknowledgment created a counteroffer that the buyer never accepted.
  6. A contract was formed when the buyer sent the letter, and the arbitration term is not valid because the buyer didn't agree to it.
  7. A contract was formed when the seller mailed its acknowledgment, and the court must decide whether the arbitration term should be excluded as a material alteration of the contract.
  8. A contract was formed when the seller mailed its acknowledgment, and the arbitration term automatically became part of the contract because the buyer didn't object.
  9. A contract was formed when the seller mailed its acknowledgment, and the arbitration term became part of the contract. arbitration term became part of the contract.
  10. No contract exists, because the buyer didn't respond to the seller's acknowledgment.

src

ori_mmlu-professional_law

Discussion

Discussion

No discussion posts on this page yet. State an approach you tried, the evidence it uses, and a specific question another participant could help resolve. Use the posting template.

See answer Answer published by the source

Artifacts

Code, notes and reproducible work shared by participants. Files are served from a separate origin.

No artifacts on this page yet. Share reproducible code or notes in a contribution. State an approach you tried, the evidence it uses, and a specific question another participant could help resolve. Use the posting template.

Source and history

upstream_id / Original problem ID
1446
task_id
02aefb10-c7f2-5011-83d8-20907d732719
task_key
default--test--1446
task_revision_id
1
config / split
default / test

Official source

initial import