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offeree can do three things to an offer
reject the offer (make a counter offer), say nothing (silence), reject the offer
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burden of proof is on the
plaintiff who is suing for a breach of contract- must prove that there was a contract between the two parties
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statement made by the offeror must contain these two parts
- (1) what the offeror promise she will do
- (2) what the offeree demands in return
- need these two parts in order for the statement to work
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preliminary negotiation
invitation
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form of offer can be
written, oral, by letter, email, fact
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offeror must intend to make the offer by doing at they look at
reasonable man concept (couldn't be wasted for example)
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what must be state with certainty?
price and/or credit terms and time
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4 specific situations involving offers
advertisement in a newspaper, reward notice, bid, auction (similar to bids)
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advertisement in a newspaper is generally
not considered offers, considered preliminary negotiations
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reward notice
the offeror looks to pay a reward if the offeree completes a certain task- unilateral contract
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an auctioneer is the?
the audience is the
- (1)offeree
- (2) offeror (because u make the bid on the item)
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the offeree auctioneer can reject the highest bid unless?
the auction is stated without reserve
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7 ways an offer can terminate
a provision in the offer, the offer will terminate within a reasonable time, revocation, if the offeree rejects offer, if either party dies or becomes insane prior to acceptance than offer is terminated, destruction of the subject matter prior to acceptance, intervening illegality
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a provision of the offer
says the offer will terminate at a certain date (need termination date)
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the offer will terminate within a reasonable time without provision only occurs
when there is no provision (no set time)
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revocation
if the offeror revokes the offer prior to acceptance- must be informed
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two types of offers
- option (irrevocable offer)
- not an option (revocable option- not support by consideration)
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revocation does not become effective until
the person receives the revocation
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if the offeree rejects the offer it doesn't include
silence
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conditional acceptance
amounts to a rejection in a counter offer
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mirror image
offering the offer as it is stated
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in a unilateral contract you must
know about the award
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if you want to revoke the contract you have to do it the
same way you offered it
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silence is considered a
dangling offer
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consumer protection law
if you do not order a product in the mail and you receive one without your consent, you can use it and not pay for it
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communication of acceptance
at what precise moment is it accepted
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stipulated offer
offer says time place and method of acceptance, rule is the offeree in order to accept the offeree must comply with the stipulation to accept the offer
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if stipulations aren't made?
THE OFFER IS INVALID
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expressed offer means you do it
voluntarily
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implied doesn't
say how you are suppose to reply therefore any reasonable method can be used to accept the offer
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