Chapter 10 Flashcards

1
Q

Agreement

A

Manifestation by two or more persons of the substance of a contract
- Requires mutual assent to perform current or future contractual duties

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2
Q

Requirement for an effective offer

A

-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

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3
Q

Express terms of an offer

A

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

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4
Q

Implied terms

A

Court can supply a missing term if a reasonable term can be implied

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5
Q

Special offers

A

Advertisement
Rewards
Auctions

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6
Q

Termination of offer by parties

A

Revocation- withdrawl of offer
Rejection
Counteroffer

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7
Q

Termination of offer by law

A

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

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8
Q

Requirements for acceptance

A

Clear and unambiguous acceptance
Should have only one possible meaning
Must not contain conditions or exceptions

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9
Q

Mirror image rule

A

Offeree must accept the terms as stated in the offer

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10
Q

Mailbox rule

A

An acceptance is effective when it is dispatched, even if it is lost in transmission

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