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    Is There An Offer?

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    SALannert
    An offer is a manifestation of willingness to enter a binding agreement that would justify the other party believing their assent would create such an agreement. For an offer to be valid, it must be a clear communication to an identified offeree that indicates the offeror is committed to being bound upon acceptance. While advertisements are usually invitations rather than offers, a specific ad could constitute a valid offer if it includes commitment language and limitations like quantity restrictions. An offer must also include sufficiently definite terms regarding the parties, price or consideration, goods/services, and time of performance for the offeree's simple assent to form a contract.

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    Is There An Offer?

    Uploaded by

    SALannert
    29 views1 page
    An offer is a manifestation of willingness to enter a binding agreement that would justify the other party believing their assent would create such an agreement. For an offer to be valid, it must be a clear communication to an identified offeree that indicates the offeror is committed to being bound upon acceptance. While advertisements are usually invitations rather than offers, a specific ad could constitute a valid offer if it includes commitment language and limitations like quantity restrictions. An offer must also include sufficiently definite terms regarding the parties, price or consideration, goods/services, and time of performance for the offeree's simple assent to form a contract.

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    Intentional Torts

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    An offer is a manifestation of willingness to enter a binding agreement that would justify the other party believing their assent would create such an agreement. For an offer to be valid, it must be a clear communication to an identified offeree that indicates the offeror is committed to being bound upon acceptance. While advertisements are usually invitations rather than offers, a specific ad could constitute a valid offer if it includes commitment language and limitations like quantity restrictions. An offer must also include sufficiently definite terms regarding the parties, price or consideration, goods/services, and time of performance for the offeree's simple assent to form a contract.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    29 views1 page

    Is There An Offer?

    Uploaded by

    SALannert
    An offer is a manifestation of willingness to enter a binding agreement that would justify the other party believing their assent would create such an agreement. For an offer to be valid, it must be a clear communication to an identified offeree that indicates the offeror is committed to being bound upon acceptance. While advertisements are usually invitations rather than offers, a specific ad could constitute a valid offer if it includes commitment language and limitations like quantity restrictions. An offer must also include sufficiently definite terms regarding the parties, price or consideration, goods/services, and time of performance for the offeree's simple assent to form a contract.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Is there an offer?

    An offer is a manifestation of a willingness to enter into a bargain that justifies the


    other party believing assent will create a binding agreement.
    I. Manifestation
    A. Judged objectively
    1. Intent of offeror judged by reasonable person in the position of offeree
    2. Take into account all circumstances
    a) Secret intent to make offer in jest by offeror does not negate valid
    offer
    B. Communication to offeree
    1. Offeree must have knowledge of the offer (See Acceptance)
    C. Directed to one or more identified offeree(s)
    1. Usually to one offeree
    a) It can be to a group or the general public
    (1) Ex: an offer of a reward is made to anyone in the public
    D. An advertisement is normally not an offer
    1. Treated as invitation to customer to make offer
    a) If the ad is specific enough it can be valid offer
    b) Factors include:
    c) Specific requirements to accept (e.g. first come, first served)
    d) Limitation on quantity (e.g. only to first 100 customers)
    (1) Limits oversubscription
    II. Commitment to be bound
    A. Words that indicate to the offeree that assent will create a binding
    agreement
    1. Definiteness of terms
    a) Words sufficiently definite that offeree could just say yes and there
    would be a contract
    (1) Normally this means the parties, price, goods or service due,
    and the time of performance
    (2) Examples:
    (a) Real estate: parcel & price
    (b) Employment: duration or scope
    B. Unilateral Contract
    1. An offer of a unilateral contract invites performance, not a return promise,
    and can only be accepted by the specific performance
    C. Additional factors or situations:
    1. Offer versus invitation to the other party to make an offer or mere
    preliminary negotiation
    2. Custom or industry practice
    3. Preliminary negotiations

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