Chapter 10 Flashcards
Agreement
Manifestation by two or more persons of the substance of a contract
- Requires mutual assent to perform current or future contractual duties
Requirement for an effective offer
-The offeror must objectively intend to be bound by the offer
-The terms of the offer must be definite or reasonably certain
-The offer must be communicated to the offeree
Express terms of an offer
Terms of an offer must be clear enough for the offeree to be able to decide whether to accept or reject the terms of the offer
Implied terms
Court can supply a missing term if a reasonable term can be implied
Special offers
Advertisement
Rewards
Auctions
Termination of offer by parties
Revocation- withdrawl of offer
Rejection
Counteroffer
Termination of offer by law
Destruction of the subject matter
Death or incompetency of offeror or offeree
Supervening illegality: a statute, regulation, or court decision that makes the object of an offer illegal
Lapse of time: Stated time period after which an offer terminates
Requirements for acceptance
Clear and unambiguous acceptance
Should have only one possible meaning
Must not contain conditions or exceptions
Mirror image rule
Offeree must accept the terms as stated in the offer
Mailbox rule
An acceptance is effective when it is dispatched, even if it is lost in transmission