Business Law Text Cases An

Accelerated Course 14th Edition Miller

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Name: Class: Date:

Chapter 08: Agreement in Traditional and E-Contracts

True / False

1. One necessary element for an effective offer is a reasonable price related to market value.
a. True
b. False
ANSWER: False

2. The first requirement for an effective offer is a serious intent on the part of the offeror.
a. True
b. False
ANSWER: True

3. An offer does not need to be communicated to the offeree to become effective.

a. True
b. False
ANSWER: False

4. An essential element for contract formation is agreement.

a. True
b. False
ANSWER: True

5. An effective offer requires reasonably definite terms.

a. True
b. False
ANSWER: True

6. The first requirement for an offer is that it must be practical.

a. True
b. False
ANSWER: True

7. An offeror’s subjective intent determines the effectiveness of an offer.

a. True
b. False
ANSWER: False

8. An offer made in obvious anger is an effective offer.

a. True
b. False
ANSWER: False

9. An expression of opinion—“this is excellent”—is an offer.

a. True
b. False
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Chapter 08: Agreement in Traditional and E-Contracts

ANSWER: False

10. A statement of future intent—“I plan to sell my car”—is an offer.

a. True
b. False
ANSWER: False

11. A price list is an invitation to negotiate.

a. True
b. False
ANSWER: False

12. An “offer” to sell an item on an online auction site generally is treated an invitation to negotiate.
a. True
b. False
ANSWER: True

13. An invitation to negotiate—“can you afford this?”—is an offer.

a. True
b. False
ANSWER: False

14. Most ads—“this property for sale”—are offers.

a. True
b. False
ANSWER: False

15. A preliminary agreement cannot constitute a binding contract.

a. True
b. False
ANSWER: False

16. An offer may invite an acceptance to be worded in specific terms but that cannot make the contract definite.
a. True
b. False
ANSWER: False

17. In most cases, an offeror can revoke an offer as long as the revocation is communicated before the offeree accepts.
a. True
b. False
ANSWER: False

18. Revocation is effective on dispatch.

a. True
b. False
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Chapter 08: Agreement in Traditional and E-Contracts

ANSWER: False

19. An offer terminates automatically when the time specified in the offer has passed.
a. True
b. False
ANSWER: True

20. An option contract is created when an offeror promises to hold an offer open for a specified period of time in return
for a payment given by the offeree.
a. True
b. False
ANSWER: True

21. A counteroffer is a rejection of the original offer and the simultaneous making of a new offer.
a. True
b. False
ANSWER: True

22. A court decision that makes an offer illegal automatically terminates the offer.
a. True
b. False
ANSWER: True

23. There are no revocable offers.

a. True
b. False
ANSWER: False

24. An acceptance can materially change or add to the terms of the original offer without rejecting it.
a. True
b. False
ANSWER: False

25. If no time for acceptance is specified in an offer, the offer terminates after a reasonable length of time.
a. True
b. False
ANSWER: True

26. Generally, an offeree’s power of acceptance is terminated when the offeror or offeree dies.
a. True
b. False
ANSWER: True

27. An acceptance must be unequivocal.

a. True
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Chapter 08: Agreement in Traditional and E-Contracts

b. False
ANSWER: True

28. In a bilateral contract, communication of acceptance is necessary.

a. True
b. False
ANSWER: True

29. Under the mailbox rule, an acceptance takes effect at the time it is sent.
a. True
b. False
ANSWER: True

30. Terms in a shrink-wrap agreement have been enforced in the same way as the terms of other contracts.
a. True
b. False
ANSWER: True

31. Browse-wrap terms are often unenforceable.

a. True
b. False
ANSWER: True

32. Under federal law, an e-document is not as enforceable as a paper one.

a. True
b. False
ANSWER: False

33. Contracting parties cannot opt out of the terms of the UETA.
a. True
b. False
ANSWER: False

34. An e-contract must meet the same basic requirements as those required of a paper contract.
a. True
b. False
ANSWER: True

35. A forum-selection clause specifies that any contract dispute will be settled in a particular jurisdiction.
a. True
b. False
ANSWER: True

Multiple Choice

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Chapter 08: Agreement in Traditional and E-Contracts

36. Fresh Service, Inc., offers to deliver produce to Growers’ Market’s customers for a certain price. Fresh’s intent to
extend a serious offer to Growers’ Market is determined by reference to Fresh’s
a. assumptions.
b. beliefs.
c. intentions.
d. words and conduct.
ANSWER: d

37. Maya tries to start her new car with no success. She yells that she will sell the car to anyone for $10. Nero, a passerby
who owns Nero’s Motors, hands Maya $10. This is
a. a valid acceptance because Maya is seriously frustrated.
b. a valid acceptance because Nero is a professional dealer.
c. not a valid acceptance because Maya does not seriously intend to sell.
d. not a valid acceptance because Nero is only passing by.
ANSWER: c

38. An ad on the NewsNow Web site asks viewers to “send us your story and we might share it with the world.” Ollie
submits a manuscript, adding, “I accept your offer.” Between NewsNow and Ollie, there is
a. a contract for the publication of Ollie’s story.
b. a contract to consider Ollie’s story before any others.
c. a contract to negotiate for the publication of Ollie’s story.
d. no contract.
ANSWER: d

39. Anton tells Brooke, who has no knowledge of Shakespearean comedy, that he will tutor her in the subject for $50. As
an offer, this is
a. effective.
b. not effective because comedy is not a serious subject.
c. not effective because Anton’s tutoring will be subjective.
d. not effective because Brooke has no knowledge of the subject.
ANSWER: a

40. Idina admires Jules’s collection of guitars. July says, “I plan to sell the collection when I get tired of it.” Jules’s
statement is
a. an offer.
b. not an offer because it has not been communicated to Idina.
c. not an offer because July expressed only an intent to enter into a future contract.
d. an acceptance.
ANSWER: c

41. Jon says to Kris, “I would like to sell you my sports memorabilia collection.” This is not an offer because it
a. does not describe the subject matter sufficiently.
b. does not include a price term.
c. only expresses an opinion.
d. only invites Kris to negotiate.
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Chapter 08: Agreement in Traditional and E-Contracts

ANSWER: d

42. Pastries, Inc., sends its catalogue to Rollo and includes a “personalized” letter inviting the purchase of any item at the
advertised price. This is
a. an offer because of the “personalized” letter.
b. an offer because there is no room for price negotiation.
c. an offer only if Rollo previously bought items from Pastries.
d. not an offer.
ANSWER: d

43. Laredo advertises a reward for the return of his lost dog. Miguel, who does not know of the reward, finds and returns
the dog, without asking for reward. Miguel cannot recover the reward, because he
a. did not confer a benefit on Laredo by returning the dog.
b. did not know of the reward when he returned the dog.
c. did not ask for the reward when he returned the dog.
d. returned the dog.
ANSWER: b

44. On May 1 Ralph offers to cure and smoke Sam’s pork. On May 3 Ralph mails Sam a letter revoking the offer. Sam
receives the letter on May 5 and responds on May 6. Ralph’s revocation of the offer
a. became effective on May 1.
b. became effective on May 3.
c. became effective on May 5.
d. did not become effective because Sam responded to the offer.
ANSWER: c

45. Rhonda asks Steve, “Do you want to buy me to repair your fishing net?” This is
a. a valid offer.
b. not a valid offer because the terms are not definite.
c. not a valid offer because Rhonda did not express an intent.
d. not a valid offer because Steve did not respond.
ANSWER: b

46. Simone offers Thom a dozen piano lessons for a certain price per lesson but conditions the deal on Thom accepting
the offer by April 1. Simone may revoke the offer
a. before Thom accepts the offer.
b. before April 1, whether or not Thom has accepted the offer.
c. only after Thom accepts the offer.
d. only after April 1.
ANSWER: a

47. Lauren files a suit against Moving Service for breach of contract, based on what Lauren claims was Moving’s offer.
For a court to determine if a contract has been breached, under the common law, the offer must include terms that are
a. exactly precise.
b. reasonably definite.
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Chapter 08: Agreement in Traditional and E-Contracts

c. unequivocally approximate.
d. vague or uncertain.
ANSWER: b

48. Fix-It-Quik, Inc., offers Gina a job as a plumber. No time for acceptance is specified in the offer. The offer will
terminate
a. after a reasonable period.
b. after a work week (five business days).
c. after a month (thirty calendar days).
d. never.
ANSWER: a

49. Business Properties, Inc. (BPI), offers to sell a cold storage warehouse to Corporate Investments. Corporate says that it
will pay BPI $100 to hold the offer open for three business days. This
a. creates an illegal contract by adding a clause to BPI’s offer.
b. makes the offer irrevocable for three days if BPI accepts.
c. negates BPI’s offer by changing the price term.
d. voids BPI’s offer by extending the time term.
ANSWER: b

50. Nevin negotiates a deal for the sale of twenty-five acres of farmland to Otis. Nevin promises to hold the offer open in
return for a small payment but does not state an exact period of time. With respect to this offer
a. the deal is binding except for the promise to hold the offer open.
b. a reasonable period of time is implied.
c. the offer must be held open for an indefinite period.
d. the deal is done.
ANSWER: b

51. Lou offers to service Millie’s heating and air conditioning system for one year for $500. Under the mirror image rule,
Millie’s response will be considered an acceptance if the terms of the acceptance
a. exactly mirror those of the offer.
b. change the items offered, but do not change the price.
c. change the price, but do not change the items offered.
d. change both the price and the items offered.
ANSWER: a

52. Fabien offers to sell his Graphic Signs, LLC, business to Hanna for $100,000. Hanna replies, “The price is too high. I
will buy it for $75,000.” Hanna has
a. accepted the offer.
b. made a counteroffer without rejecting the offer.
c. rejected the offer and made a counteroffer.
d. rejected the offer without making a counteroffer.
ANSWER: c

53. Rafi offers a tour of Bay Harbor aboard his sailboat, Sea Siren, to Tiara’s Travel Group for $500. Referring to the
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Chapter 08: Agreement in Traditional and E-Contracts

prices for similar tours, Tiara’s says, “We’ll pay no more than $400.” Rafi’s offer is
a. still open.
b. terminated.
c. rejected and subject to a counteroffer.
d. revoked.
ANSWER: b

54. Coffee Brokers, Inc., offers to buy Dining Company’s coffee-roasting services for a certain price. Dining responds
that the price is too low and thereby rejects the offer. The offer is
a. terminated.
b. valid for a reasonable time to give Interstate a "second chance."
c. valid for the period of time prescribed by a state statute.
d. valid until Interstate revokes the offer.
ANSWER: a

55. Wally offers to repair and service a forklift for Valu Lumber Outlet, but Wally dies before Valu accepts. Most likely,
Wally’s death
a. does not affect the offer.
b. shortens the time of the offer but does not terminate it.
c. extends the time of the offer.
d. terminates the offer.
ANSWER: d

56. Gayla tells Franco that she will pay him $50 to haul the trimmed tree limbs and other lawn debris from her property.
Franco’s acceptance is complete
a. as soon as he says he will do the job.
b. once he starts to work.
c. only after he hauls away the debris.
d. when he hears the offer.
ANSWER: c

57. Shelby offers to make digital copies of Relay Company’s business conference videotapes, CDs, DVDs, and other
media for $500. Under the mailbox rule, Relay’s acceptance by e-mail will be considered effective when
a. received.
b. sent.
c. followed up by a confirmation letter sent by regular mail.
d. composed on a Relay computer.
ANSWER: b

58. Pacific Charter Company offers to provide an air-conditioned bus to Quincy’s tour group for $1,500 plus the cost of
the fuel. The mailbox rule applies if Quincy accepts the offer by
a. e-mail.
b. phone.
c. regular mail.
d. any of the choices.
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Chapter 08: Agreement in Traditional and E-Contracts

ANSWER: c

59. Green River Gas Company offers to sell Far East Energy, Ltd., a certain quantity of liquefied natural gas. If Far East
sends an acceptance via Green River’s authorized mode of communication, it will be effective when it is
a. in transit.
b. received.
c. sent.
d. written.
ANSWER: c

60. Rico, a user of SmartPhoneApps.com’s Web site, can download apps for free if he first clicks on “I accept” after
viewing certain terms. This is
a. a contract that does not include the terms.
b. a contract that includes the terms.
c. not a contract but the terms are enforceable.
d. unenforceable.
ANSWER: b

61. Bret buys a subscription to the catalog of music provided by Concerto, an online music vendor. Before accessing the
catalog, Bret must agree to a provision stating that she will not make and sell copies of the music. This provision is
a. a browse-wrap term.
b. a click-on agreement.
c. a shrink-wrap agreement.
d. a partnering agreement.
ANSWER: b

62. Due on Receipt, Inc., makes tax software, which is packaged with a shrink-wrap agreement. Evenflo Products
Company distributes the software to retailers, including a Flatprice discount store, where Greta buys a package of it. The
parties to the shrink-wrap agreement are
a. does not read it.
b. learns of it after the contract is formed.
c. learns of it before the contract is formed.
d. has difficulty learning how to play the game.
ANSWER: b

63. Global Corporation enters into contracts with buyers in e-commerce and traditional commerce. The UETA applies, if
at all, only to those transactions in which the parties agree to use
a. electronic means.
b. paper documents.
c. updates and cross-checks to orally verify any e-terms.
d. notarized documents.
ANSWER: a

64. Waste Management Corporation enters into contracts for its services online. Waste Management can protect itself
against disputes involving these contracts by making important terms
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Chapter 08: Agreement in Traditional and E-Contracts

a. reasonably clear.
b. vaguely ambiguous.
c. practical.
d. standardized.
ANSWER: a

65. Play-It-Loud, LLC, provides music-streaming services online subject to complex pricing schedules. To control
specific offers for the services and thus the resulting contracts, important terms to provide online include
a. a provision relating to the resolution of any dispute.
b. a detailed history of the music business.
c. positive reviews from users of the service.
d. an updated list of the music available through the service.
ANSWER: a

66. Archway Architects, Inc., makes travel arrangements online and stores the confirming documents and receipts on its
servers. Under the UETA, “information that is inscribed on a tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form” is
a. an e-contract.
b. a shrink-wrap agreement.
c. a partnering agreement.
d. a record.
ANSWER: d

67. Dispatch Corporation and Hauling, Inc., agree in advance to terms that apply to their future e-transactions. This is
a. a partnering agreement.
b. a click-on agreement.
c. a shrink-wrap agreement.
d. a choice-of-law clause.
ANSWER: a

68. Megan gives out a business card with an e-mail address on it. It is reasonable to infer that Megan has consented to
a. transact business electronically.
b. submit to the recipient’s jurisdiction.
c. respond to e-mail sent to that address.
d. nothing.
ANSWER: a

69. Grain Farms and Hi-way Shipping Company make a deal for Hi-way’s services, communicating entirely online.
Under the UETA, an electronic record of their deal is considered sent when it
a. reaches a midway point between the sender and recipient.
b. comes into the recipient’s control.
c. is read by the recipient.
d. leaves the sender’s control.
ANSWER: d
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Chapter 08: Agreement in Traditional and E-Contracts

70. Orb, Inc., does business online around the globe. The United Nations Convention on the Use of Electronic
Communications in International Contracts and other international agreements improve global commercial certainty by
a. all of the choices.
b. determining an Internet user’s location for legal purposes.
c. providing that e-signatures are the equivalent of signatures on paper.
d. providing for the recognition of judgments by other nations’ courts.
ANSWER: a

Essay

71. On December 1, Petro, Inc., sent Rachel & Rico (R&R) a letter, via overnight delivery, offering to employ R&R to
review Petro’s tax situation for the current year for $10,000. In the letter, the company stated that R&R had ten days to
accept. On December 5, R&R sent an e-mail message that stated, “The price for the tax analysis seems too low. Would
you consider paying $15,000?” Petro received the message without responding immediately. The next day, Smith &
Taylor, an R&R competitor, offered to conduct the appraisal for $8,000. On learning of this offer, R&R immediately e-
mailed Petro, agreeing to do the work for $10,000. Petro received this message on December 7. Explain why R&R and
Petro do, or do not, have a contract.
ANSWER: R&R and Petro have a contract. R&R effectively accepted Petroleum’s offer to perform a review of the
corporation’s tax situation.
An attempt to change the terms of an offer rejects that offer, terminates it, and makes a counteroffer. Here,
however, the fax did not indicate an intent to reject the offer, and a reasonable person in Petro’s position
would not conclude that the fax was a rejection. R&R’s fax was simply an inquiry about the offer. R&R was
still considering the offer. Learning of Smith & Taylor’s offer did not act as a revocation of Petro’s offer to
R&R (although the offer would have been revoked if R&R had accepted Smith & Taylors’s offer, and R&R
had learned of this acceptance).
In accepting Petro’s offer, R&R used a medium that was reasonable under the circumstances because Petro did
not expressly specify any particular method of acceptance. Thus, R&R’s acceptance was timely sent and
received. Consequently, the acceptance was effective on dispatch.

72. Corporate Code, Inc., sells business software—accounting and book-keeping 2, blank business forms, inventory
control functions, and the like—in different combinations, in different packages, at different prices. Each package
includes a shrink-wrap agreement that limits warranties and remedies. Developmental Research Corporation (DRC) buys
a Corporate Code package and uses the product. Later, DRC files a suit against the software seller, claiming that the
product was flawed and that the flaws caused DRC to suffer business losses. DRC asks for relief that exceeds the limits in
the shrink-wrap agreement. What is a shrink-wrap agreement? Are such agreements always enforced? Under what
circumstances is a court likely to enforce this agreement?
ANSWER: A shrink-wrap agreement is an agreement whose terms are expressed inside a package that contains computer
hardware or software. The terms usually focus on warranties, remedies, or other issues related to the product’s
use.
Shrink-wrap agreements have not always been enforced. The most important factor is the time at which the
manufacturer communicates the terms to the end-user.
A court is likely to enforce the agreement in this problem, and similar agreements, if the buyer had an
opportunity to read the agreement before using the product. These agreements are enforced partly because
from a business perspective, it is more practical to enclose the full terms of a sale in a package rather than, for
example, to read them over a phone while taking an order for a product. Such an agreement might not be
enforced, however, if a court reasons that the buyer learned of the terms after the parties made their contract,
and the buyer did not then agree to the terms. On this basis, the terms would be proposals for additions to the
contract, which would require the buyer’s express assent.

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Another random document with
no related content on Scribd:
 1. Large grained granite; the deep-flesh-coloured feldspar in
greater proportion than the greyish quartz, and the black, small-scaly
mica. “From the Mandara mountains.”
2. The same; with feldspar of dirty-yellowish colour. From the
Mandara range, and two similar varieties from the “hills of Dutchie
Zangia, Soudan.”
3. Similarly coloured variety, but of smaller grain. From the same
places.
4. Large grained variety of the same; the feldspar of a yellowish
colour, and in a state of incipient decomposition, with little black
mica. Mandara.
5. Variety similar to the preceding; in a state of disintegration: the
feldspar decomposing into a reddish earth. From Quarra and
Zurmee, Soudan.
6. Granite, both fine and coarse-grained, almost entirely
composed of flesh-red feldspar, with indeterminable particles of a
black substance, apparently mica. “From the high ridges of Zurma.”
7. The same, small-grained, rather slaty, approaching to gneiss,
composed of greyish-white feldspar and quartz, with predominant
black small-scaly mica. From Nansarena, Soudan.
8. Portion of a boulder, chiefly composed of fine-grained dirty-grey
semicompact feldspar and some quartz; with disseminated particles
of magnetic iron ore (a syenitic rock). “Found near Agutefa.”
9. Greenish-grey mica slate, with little admixed quartz and
feldspar. “It forms the upper part of the ridges between Quarra and
Zurma, Soudan.”
10. Yellowish-grey, soft, and friable mica slate. “From between
Duakee and Sackwa, Soudan.”
11. A hard slaty mass, composed of brilliant silvery small scales of
mica, penetrated by, or mixed with, brown and yellow hydrous oxide
of iron. From the same.
 12. White, massive, and irregularly crystallized fat quartz, stained
by oxide of iron. “From a vein in the rocks of Quarra and Zurmee.”
13. The same, out of the granite of the Mandara mountains.
13. a. Yellowish and bluish-white quartz in large grains, as gravel.
“From the bed of the river Yaou, seven days on the road to
Soudan[126].”
14. Greyish-black close-grained basalt. “From the hills in the
Sebha district.”
15. The same; with rarely disseminated grains of decomposing
olivine. From the same.
16. The same; vesicular (basaltic amygdaloid), cells empty.
Benioleed.
17. The same as the preceding, with disseminated granular
particles, and minute acicular crystals of specular iron, which also
mostly invest the irregularly shaped cells. “Benioleed; used for
grindstones.”
18. The same, of a greyish-brown colour; cells elliptic, and partly
filled with carbonate of lime. “Black mountains near Sockna.”
19. Greenish and yellowish grey, fine-grained crumbling
sandstone. “Found with the gypsum of the hills to the northward of
Om-el-Abeed.”
20. The same, brownish-yellow; “occurring in beds near Om-el-
Abeed.”
21. The same, reddish and yellowish, fine-grained, rather friable.
Wady Kawan.
22. Similar, reddish-brown variety of sandstone, but more friable
than the preceding. Tadrart ridge.
23. The same, of a colour between grass and leek-green, fine-
grained, very crumbling. “Traghen, under a gypsum crust; often in
beds of from ten to twelve feet. It has the appearance of some of the
soft sandstone in the mountain range near Tripoli.”
 24. Yellowish-white friable sandstone, and fine sand, strongly
impregnated with salt. “Under a calcareous crust, Fezzan.”
25. Similar sand of a very fine rounded grain. “From the Wady, in
which is the Trona lake.”
26. Yellowish clayey sandstone, filled with small rounded quartz
grains and minute white particles of small univalve shells,
(Paludina?) “Gaaf.”
27. Fine and close-grained yellowish-white sandstone, of a thin
stratified structure, which is distinctly seen at the disintegrated parts
of the fragment. “Wady Katefa, under the basalt; forming fine
precipitous walls in the middle of the range.”
28. Brownish-red friable sandstone; the rounded grains of various
sizes, loosely united by clay. “Sandstone of the hills of Wady Ghrarbi.
There is a finer and tender species, and also a stratiform one; but my
specimens are lost.”
29. The same, of a similar colour, intermixed with yellowish, less
crumbling, and containing pebbles. “From the hills to the westward of
Hamera, on which the town is built.”
30. Sandstone of yellowish colour and fine-grained, faintly
variegated with purple. Aghadem.
31. The same, fine-grained, white, with linear purplish streaks,
being the edges of horizontal filmy depositions of iron ochre of that
colour. Wady Kawan.
32. A similar variety, exhibiting purplish-yellow and red
variegations, thoroughly impregnated with salt, which is also seen
efflorescent on the surface. “Hills of Wady Ghrarbi.”
33. Similarly coloured sandstone, in laminar fragments, passing,
by decomposition, into soft clay variegated with the same colours.
Wady Kawar.
34. Tabular fragment of very close-grained nearly compact
variegated sandstone; colours, purplish and two shades of yellow, in
irregular stripes. “Sebha district.”
 35. Purplish-brown slaty sandstone, micaceous on the planes of
separation, passing into cream yellow and white clay-stone of the
same structure. “Aluminous slate (sic) in different states, forming a
considerable part of the mountain range, Tadrart, Tuarick country.”
36. A tabular fragment, like the preceding; micaceous on the rifts,
of reddish-brown colour, being thoroughly penetrated by oxide of
iron. Aghadem.
37. Yellowish sandstone, composed of round grains of quartz, with
white clayey cement, which, towards the surface of the rolled piece,
becomes quartzy. From ditto.
38. A similar large-grained variety, of reddish-yellow colour with
brown streaks, in which the cementing clay, become quartzy, is
scarcely distinguishable from the grains. “Forming the eastern
boundary of the hills near Traghen.”
39. A large fragment of the same quartzy sandstone, of yellow
colour, with red streaks and brown nucleus, nearly compact, so as to
exhibit on its conchoidal fractural surfaces the traces only of a
granular structure. “Strewed over the plain between Ghudwa and
Mourzuk.”
40. The same, brownish-red, in the shape of a rolled amorphous
fragment, having acquired a uniform glossy surface like red jasper.
From ditto.
41. Yellowish variety of the same, the granular passing into
compact structure. “Thick exposed beds from Om el Abeed to
Sebha.”
42. Yellowish-grey variety of the same, as perfectly compact
tabular fragments, having their surfaces studded with small
polymorphous bodies imitating the appearance of parts of secondary
fossils. From ditto.
43. The same as the preceding, having its surface marked by
small bivalve shells, converted into the mass of the sandstone. From
ditto.
 44. Sharp-edged fragments, of a variety like No. 39., of a deep
chocolate-brown colour and flat conchoidal fracture. “Between
Sebha and Timinhint; rocks about 250 feet high.”
45. The same, in which the quartz grains are very firmly cemented
by dark-red or brown siliceous iron-stone, sometimes enclosing
larger rounded grains and small pebbles; the whole forming a very
hard compact conglomerate with conchoidal shining fractural
surface. “From between Om el Abeed to Sebha, and near Zuela.”
46. Fragment of a mass of quartzy sandstone and compact brown
ironstone, externally stalactic reed-like, with black glossy surface.
“From the hills of Wady Ghrarby.”
47. Brown ferruginous sandstone, nearly compact, and with
drused cavities, enclosing yellowish nodules of magnesian
limestone. “Forms the upper part of numerous low hills, and the
surface of exposed parts on the road from Hamera to Zuela.”
48. A mass of yellow and brown ferruginous sandstone with
amorphous botryoidal surface, unequally penetrated by siliceous
brown oxide of iron, which produces the appearance of a mixture of
brown ochrey clay-ironstone. “Near Timinhint, forming the summit of
hills.”
49. Wood-hornstone; dark brown, with lighter coloured centre,
being part of a cylindrical stem or branch of a dicotyledonous tree.
“From between Mestoota and Gatrone.”
50. Flint composed of conchoidal distinct concretions, some of
them forming nuclei; the layers of alternating brown and white
colours, irregularly curved. “Quantities strewed over the plain from
Temasta to Bonjem.”
51. Yellowish-grey flint passing into hornstone, in irregularly
angular pieces, with brown glossy corroded surface. “La Saila; hills
of silex and opal.”
52. White hornstone; a boulder with corroded glossy surface.
“Strewed in large quantities between Wady el Beny and Wilkna, and
on the summit of gypsum hills.”
 53. Yellowish-white substance intermediate between hornstone
and calcedony, in angular pieces, with cream-coloured cacholong on
the surface. “On the way from Gatrone to Tegerhy.”
54. Brownish-red carnelian; a fragment, with irregularly botryoidal
yellowish decomposed surface. From ditto.
55. Several fragments of variously shaped rough sand tubes;
internal surface highly glazed. “From the sands near Dibla.”
56. Lithomarge, reddish-brown, here and there variegated with
bluish-green and greyish, in fragments with rather tuberculated
surface. “Aghadem, beds in the sandstone.”
57. The same, but penetrated by iron ochre, and much harder;
with small imbedded pyriform concretions. From ditto.
58. Brownish-red and yellowish-grey variegated slaty clay, very
soft and unctuous to the touch. From ditto.
59. Small-foliated amorphous gypsum, confusedly crystallized,
with adhering red marl. “From the curiously formed gypsum hills of
Bonjem to Hormut and Takui, with large quantities of opal on the
top.”
60. Some specimens of white, granular, and foliated gypsum; one
of the varieties composed of wedge-shaped laminæ. Bonjem.
61. Large-foliated white selenite. “Close to the Tchad, Kanem.”
62. Compact limestone, of bluish-grey colour, divisible into tabular
fragments. “Benioleed, under the basalt.”
63. Light cream-coloured nearly compact limestone, in tabular
fragments; fracture even, fractural surface slightly glimmering.
Benioleed.
64. Fragment of a similar variety of limestone, with conchoidal
fracture. “Benioleed, lowest observable stratum except one.”
65. Compact limestone, of a reddish and cream yellow colour,
variegated with pale brown, of very close texture, and small-
conchoidal fracture. “Hills to the north of Benioleed.”
 66. Fragment of a greenish-grey tabular magnesian limestone,
splendent on the fractural surfaces, the lustre produced by a curved-
lamellar, though (in one direction) apparently compact structure. “On
the ridges between Meshroo and Tegerhy.”
67. Yellowish-red, close-grained, nearly compact limestone, here
and there with minute scales; external exposed surface uneven,
glossy. “Temedetan, forming thick strata.”
68. Rolled fragment, of a reddish-yellow variety of magnesian
limestone, with glossy surface, and of earthy fracture, including
some dark-coloured grains, (oxide of manganese?) “Found in the
deserts, sometimes finely dendritic.”
69. Light cream-coloured hard (magnesian) limestone, with earthy
uneven fracture; the exposed surface shining, partly corroded, partly
smooth. “Hills of Gaaf.”
70. A similar variety. “From the Assoud, Wady el Malagi.”
71. A rolled fragment of yellowish-grey compact limestone
(magnesian), of even and dull fracture; the surface shining, wrinkled
by decomposition. “To the north and south of the Wells of Mafrass.”
72. The same variety as the preceding, in the shape of a large
conical lump, with uneven and corroded glossy surface, enclosing
rounded pieces of the same limestone. From ditto.
73. A similar variety of magnesian limestone, forming a botryoidal
group of more or less globular concretions, from upwards of half an
inch to half a line in diameter, and intimately grown together with
each other. “Meshroo and El Wahr.”
74. Yellowish limestone, of curved-lamellar structure. “Forming
veins in the basaltic rocks in Agutefa.”
75. Brownish-yellow limestone, in stalagmitical irregular layers.
“On the desert, between Mushroo and El Wahr.”
76. Another fragment, apparently part of a large stalagmitic
nodule, in layers on a yellow granular mass of carbonate of lime.
From ditto.
 77. Greyish-brown and hair-brown fibrous limestone, in tabular
pieces; the fibres perpendicular, or in an oblique direction to the
horizontal planes, straight or slightly curved. In some specimens, the
hair-brown layer is sard-onyx and onyx-like, succeeded by a red and
a white stratum, the former generally in the form of a crust, with
superficial small acute rhombohedrons of carbonate of lime; in
others, the hair-brown layer is traversed by white veins. “Boundaries
of Fezzan and Tuarick country.”
78. Sulphate of barytes; a group of bluish and brownish prismatic
crystals, (var. rétrécie of Haüy), covered by red marle.
79. Common salt, in white, opaque, granular aggregations,
externally stained by ferruginous clay. “Road between Hamara and
Zuela.”
80. A saline incrustation, of yellowish-white colour, partly solid, in
thin tables, partly in powder, composed of carbonate, muriate, and
sulphate of soda. “Near Germa.”
81. Carbonate of soda (trona), thick-fibrous foliated, in crusts of
the thickness of one-fourth to one-third of an inch, indistinctly
crystallized on the upper surface. “From the trona lakes in Wady
Trona.”
82. The same, studded on the upper surface with small limpid
cubical crystals of muriate of soda. From ditto.
83. Carbonate of soda, of yellowish and greenish-grey colour, in
masses with diverging radiated fracture. Kanem?
84. A rolled piece of nearly compact brown ironstone. “Upper
strata from Aghadem to the southward of El Wahr.”
85. Compact brown ironstone, of dark brown colour; an irregularly
tubercular nodule, with surface, particularly that of the old fractural
planes, glossy, the recent fracture exhibiting a dull earthy surface.
“From plains to the southward of Bonjem.”
86. Compact brown ironstone, of deep chesnut-brown colour, in
rounded oblong pieces of from one-half to upwards of an inch in
diameter, the whole glossy as if varnished; fracture even, earthy.
From ditto?
87. Fragment of compact brown ironstone, mixed with much
quartzy matter. Wady Kawar and Aghadem.
88. Massive and granular brown ironstone, mixed with much
yellow iron ochre and sand. “In loose masses or crusts, on the top of
the ridges between Sockatoo and Kashna, and on the low hills
around Sockatoo.”
89. Fragments of clayey brown ironstone with ochrey nodules.
“Wady Shiati hills.”
90. A mass, mixed, of brown ironstone and red and yellow iron
ochre. “From the soil of Wady Sandalion, Tuarick country.”
91. Cubic fragments of common galena, (sulphuret of lead).
Kanem, Soudan.
92. Pure tin, cast in moulds, in the form of thick wire. Brought from
Soudan.
I conclude this long letter with mentioning a specimen of Roman
cement, taken from the ruins of Ghirza, which, in parts where the
admixture of small stony fragments is not observable, has very much
the appearance of, and might easily be mistaken for, a granular-
crystalline variety of tertiary limestone. It has unquestionably
undergone a transformation: a circumstance which may, in some
measure, serve to justify the remark of Lepère—“C’est le temps seul
et non l’art qui manque à la pétrification absolue de nos mortiers et
cimens; nos neveux diront de nos constructions ce que nous disons
de celles des anciens.”
I have the honour to be, my dear Sir,
Yours very faithfully,
Charles Konig.
To Major Denham, &c.

FOOTNOTES:
 [126]Three very interesting bivalve shells, distinct, it appears,
from the other species of the genera to which they respectively
belong, have been discovered in the above-mentioned river by
Major Denham. The first, a species of Ætheria, I distinguish as

Ætheria Denhami: testa irregulariter rotundato-oblonga, ad

cardinem gibbosa, utriusque valvæ callo cardinali basim versus
oblique truncato.
Hab. in Africæ interioris fluvio Gammaroo.

The form of the cardinal callosity to which the semi-internal

ligament is attached affords a distinction sufficiently characteristic
of the species: its oblique truncating plane, which extends
towards the rather indistinct umbo, is, in the closed state of the
shell, in partial contact with that of the corresponding and similarly
formed callus of the other valve. The general form of the shell is
oblong or rounded, but appears to be subject to considerable
variation: one of the specimens before me exhibits the exterior of
Lamarck’s A. transversa, which latter is no doubt a casual variety
only of the other species described and figured by that naturalist.
These shells are externally furnished with a blackish-brown
epidermis; beneath this a white film is deposited, on the removal
of which a beautiful pearly naker appears, similar to that of the
internal surface of the valves. The blistered appearance of the
interior of both the valves is constant in all specimens, and may,
as intimately connected with the structure of the shell, be
considered of sufficient importance to be admitted into the
distinctive character of the genus.
Lamarck, imagining that these shells live at the bottom of the
sea, named the genus, as he says, after one of the daughters of
Oceanus. Though the Ætheriæ are now well known to be fluviatile
shells, the emendators of zoological nomenclature may still be
exonerated from framing a new name for this genus, since the old
one is derivable from the original locality of its species; a part of
central Africa having, according to Pliny, been anciently known by
the appellation of Ætheria.
The second shell, a new species of Iridina, may be thus
characterized:
 Iridina Oudnæi: testa transversa ovato-lanceolata
tumidiuscula, cardine stricto sub-edentulo, basis margine sinuato.
Hab. cum priore.

This species is very distinct from E. elongata in form and in the

hinge line being without crenulation; and from E. nilotica, which it
resembles in the latter of those characters, it differs by its form,
inferior thickness, and iridescence. The length of the specimen
before me is 4⅔, its greatest breadth at the umbo nearly two
inches. Placed on the basal edge, which is concave, the anterior
side presents a considerable slope from the umbo to the exterior
margin, which gives the valves a tapering or ovate-lanceolate
form. The external epidermis, of a greenish-brown colour, exhibits
slightly undulating striæ of growth. The interior surface is slightly
uneven-undulated, white, with delicate opalescent colours, green
and faint pink; the former chiefly disposed in spots. The muscular
impressions are more slightly marked than in the other species.
For the third shell, which I considered as a new species of
Anodon, I propose the name of

Anodon Clappertoni: testa transversim oblonga, antice in

extremo cardine acute excisa.
Hab. cum antecedentibus.

The notch at the anterior extremity of the hinge being always

acute, never obtusangular or rounded, I have confined myself to it
in the distinctive character of this species, which differs in several
other respects from Anodon purpureus and rugosus of
Swainson, to both of which it is, however, nearly related. The size
of the shell, in the several specimens before me, varies from 1½
by ¾ of an inch to 3 inches by nearly 1½. Its form is transverse-
oval, with a slight slope at the anterior end. The hinge margin is
straight. Epidermis olive-green, appearing of a reddish-brown
colour, owing to the pink colour of the surface underneath, which
latter in one specimen passes into bluish-green at the umbones.
Muscular impressions three; one of them, at the anterior end,
oval, and continued in a faint tapering form towards the hollow of
the umbo; of the two other impressions, which are both stronger
marked, the one nearest to the edge of the valve is oval, with a
small rounded sinus at the inner border, and close to it a smaller
irregularly oval mark with notched margin: the two principal marks
are connected by the edge of the impression of the mantle, the
smaller mark being placed within the line. The tinge of the internal
surface is pink, imperfectly painted over as it were with white. The
several specimens, in different stages of growth, exhibit all these
characters; there is, however, among them a single valve of
rather larger dimensions and more rounded than the rest, with a
fine bronze-coloured internal surface like that of Iridina nilotica.
Whether this is to be considered as a distinct species, or only as
a variety indicative of the full grown state of the shell, I must leave
to the decision of conchologists more experienced in
discriminating the ambiguous species of this genus.
 No. XXIV.

Thermometrical Journal kept at Kouka in Bornou.

Fah. Thermometer.
Date. Winds.
6 a.m. Noon. 3 p.m.
March 1823.
15 E.N.E. 70 98 103
Sunday, 16 S.S.E. 75 95 102
17 S.S.E. 78 99 104
18 E.N.E. 77 104
19 S.E. 98
20 E.N.E. 78 95 101
21 N.E. 82 100 105
22 E.N.E. 80 97 100
Sunday, 23 N.E. 78 90 94
24 N.E. 79 94 97
25 E.N.E. 79 97 101
26 E.N.E. 79 100 103
27 E.N.E. 79 101 103
28 E.N.E. 82 97 98
29 E.N.E. 80 97 100
Sunday, 30 N.E. 80 94 97
31 E.N.E. 80 94 96
April.
1 N.E. 77 98 101
2 N.E. 80 95 100
3 S.E. 80 99 101
7 N.E. 80 99 102
8 N.E. 80 99 103
9 E.N.E. 78 98 102
10 E.N.E. 77 97 99
11 N.E. 72 100 100
12 N.E. 78 104 107
 Fah. Thermometer.
Date. Winds.
6 a.m. Noon. 3 p.m.
Sunday, 13 N.E. 84 100 105
14 E.N.E. 82 100 105
15 N.E. 87 103 105
16 E.N.E. 86 95 105
17 E.N.E. 87 99 106
18 E.N.E. 86 103 109
19 N.E. 88 102 106
Sunday, 20 E.N.E. 87 102 107
21 E.N.E. 85 100 100
22 E.N.E. 86 102 103
23 E.N.E. 85 102 103
24 N.E. 83 101 103
25 E.N.E. 85 103 102
26 N.E. 85 103 103
Sunday, 27 N.E. 86 102 102
28 N.E. 83 101 103
29 E.N.E. 81 103 103
30 E.N.E. 82 103 103
May.
1 E.N.E. 85 106 106
2 N.E. 85 103 105
3 N.E. 83 105 98
Sunday, 4 E.N.E. 81 99 99
5 E.N.E. 82 95 96
6 E.N.E. 81 102 102
7 N. 86 104 103
8 N.E. 71 99 96
9 N.E. 81 99 96
10 N.E. 85 95 94
Sunday, 11 N.E. 86 101 95
12 Calm. 81 99 95
13 W.S.W. 75 98 98
14 W.S.W. 75 95 98
15 W.S.W. 74 97 97
16 W.S.W. 72 92 95
17 S.W. 74 97 98
 Fah. Thermometer.
Date. Winds.
6 a.m. Noon. 3 p.m.
Sunday, 18 W.S.W. 74 96 99
19 W.S.W. 73 96 99
20 W.S.W. 76 95 99
21 W.S.W. 74 102 100
22 W.S.W. 73 100 100
23 W.S.W. 84 104 101
24 S.W. 76 96 96
Sunday, 25 S.W. 73 96 96
26 S.W. 81 98 100
27 S.W. 76 99 100
28 S.W. 80 98 99
29 W.S.W. 81 97 102
30 W.S.W. 82 100 102
31 W.S.W. 80 100 102
June.
Sunday, 1 W.S.W. 76 97 97
2 W.S.W. 80 97 96
3 W.S.W. 81 99 99
4 W.S.W. 81 99 100
5 W.S.W. 80 99 100
6 S.W. 80 98 98
7 S.W. 75 95 100
Sunday, 8 S.W. 78 98 98
9 S.W. 79 95 97
10 S.W. 78 89 90
11 W.S.W. 75 89 93
12 W.S.W. 79 87 95
13 W.S.W. 80 95 95
14 W.S.W. 81 97 97
Sunday, 15 W.S.W. 82 99 97
16 W.S.W. 81 97 96
17 W.S.W. 81 99 101
18 W.S.W. 80 97 99
19 W.S.W. 79 89 93
20 W.S.W. 78 92 93
21 W.S.W. 77 92 95
 Fah. Thermometer.
Date. Winds.
6 a.m. Noon. 3 p.m.
Sunday, 22 W.S.W. 78 98 99
23 S.W. 81 95 87
24 S.W. 76 95 87
25 S.W. 80 97 96
26 S.W. 81 94 95
27 S.W. 87 96 98
28 S.W. 81 97 92
Sunday, 29 S.W. 82 96 97
30 S.W.
July. 1 S.W. 82 97 99
2 S.W. 81 92 92
3 S.W. 82 93 94
4 S.W. 74 85 84
5 S.W. 78 89 94
Sunday, 6 S.W. 78 89 96
7 S.W. 78 89 91
8 S.W. 78 90 92
9 W.S.W. 81 87 92
10 W.S.W. 77 92 95
11 W.S.W. 75 85 97
12 S.W. 75 85 88
Sunday, 13 S.W. 71 79 82
14 S.W. 72 82 89
15 S.W. 75 83 90
16 S.W. 76 87 90
17 S.W. 72 84 93
18 S.W. 76 83 89
19 S.W. 75 86 90
Sunday, 20 S.W. 74 87 89
21 S.W. 72 83 86
22 S.W. 73 84 87
23 S.W. 73 86 89
24 S.W. 74 84 90
25 S.W. 73 83 87
26 S.W. 71 84 86
Sunday, 27 S.W. 80 86 89
 Fah. Thermometer.
Date. Winds.
6 a.m. Noon. 3 p.m.
28 S.W. 76 86 90
29 S.W. 73 84 87
30 S.W. 76 85 95
31 W. 76 85 92

Fah. Thermometer.
Date. State of Weather.
6 a.m. Noon. 3 p.m.
1823.
Aug. 1 Rain all night. 75 82 86
2 73 78 79
3 Sunday. Rain in
evening. 74 80 82
4 78 82 83
5 76 82 84
6 Rain much. 73 77 78
7 74 78 81
8 Rain. 76 80 81
9 75 81 82
10 Sunday. Rain, loud
thunder. 74 77 80
11 76 81 83
12 Rain and thunder all
night. 79 83 85
13 75 80 81
14 76 80 85
15 Rain, thunder, vivid
lightning. 77 84 87
16 76 82 85
17 Sunday. 78 83 85
18 77 84 86
19 Rain and thunder during
the night. 79 85 86
20 Rainy day. 78 84 85
21 75 82 83
22 Much rain. 74 79 83
23 Morning cloudy. 74 80 84
 Fah. Thermometer.
Date. State of Weather.
6 a.m. Noon. 3 p.m.
24 Sunday. Drizzling rain. 76 83 85
25 Night violent. 75 77 79
26 Night. 75 78 79
27 All night. 74 78 79
28 Day and night, showers. 73 77 79
29 Rain. 74 78 80
30 75 80 82
31 Sunday. Rain, much
thunder. 74 78 80
Sep. 1 74 79 81
2 76 84 86
3 79 85 89
4 80 85 88
5 Morning. Rain and
thunder. 80 80 81
6 78 83 84
7 Sunday. 78 85 86
8 Rain. 79 80 81
9 78 83 85
10 Night, hurricane, east. 80 86 88
11 South. 78 85 87
12 80 86 88
13 79 85 87
14 Sunday. 78 86 89
15 80 86 89
16 81 87 89
17 Cloudy afternoon. 81 88 89
18 80 85 87
19 Hurricane, east and a
half south. Strong 3
p.m. 80 87 85
20 80 84 87
21 Sunday. 78 85 87
22 79 87 89
23 78 86 88
24 80 88 90
25 82 89 92
 Fah. Thermometer.
Date. State of Weather.
6 a.m. Noon. 3 p.m.
26 Violent storm, noon wind
N. hail and rain. 80 89 90
27 76 86 89
28 Sunday. 80 86 88
29 81 87 91
30 80 86 91
Oct. 1 Rain and wind in night. 80 87 91
2 78 84 85
3 80 85 88
4 Wind, thunder. 81 87 90
5 Sunday, rain and wind. 80 86 88
6 79 87 89
7 80 88 90
8 80 89 93
9 79 89 92
10 Breeze N.W. 78 89 91
11 77 90 92
12 Sunday, 79 92 94
13 78 92 94
14 79 91 93
15 77 92 93
16 83 92 94
17 81 92 94
18 80 90 93
19 Sunday, 81 92 94
20 79 92 94
21 80 92 94
22 81 93 95
23 75 90 92
24 76 85 88
25 77 87 90
26 Sunday, 77 88 91
27 78 90 92
28 78 90 91
29 79 91 93
30 78 88 90
 Fah. Thermometer.
Date. State of Weather.
6 a.m. Noon. 3 p.m.
31 79 89 92
Nov. 1 78 87 90
2 Sunday, 76 89 91
3 75 88 89
4 76 88 90
5 77 87 89
6 77 88 90
7 76 87 90
8 75 86 88
9 Sunday, 76 88 90
10 77 86 89
11 79 87 88
12 76 88 90
13 74 87 89
14 74 86 88
15 73 87 89
16 Sunday, 74 88 89
17 74 83 86
18 75 85 87
19 75 86 88
20 75 85 87
21 75 86 88
22 69 78 81
23 Sunday, 71 79 81
24 69 77 79
25 68 78 80
26 67 79 81
27 66 78 80
28 65 77 79
29 66 77 79
30 Sunday, 67 79 80
Dec. 1 66 79 81
2 67 78 80
3 66 79 81
4 65 78 80
5 67 80 82