Chapter 12 Flashcards

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1
Q

Agreement

A

When both parties agree, or show consent to the same bargain

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2
Q

Does agreement need to be writing?

A

As long as consent is shown, no

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3
Q

The 2 things a valid agreement needs are…

A

An offer and acceptance

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4
Q

Offer

A

A promise, or commitment to do or don’t do something

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5
Q

What does the Objective Theory of Contracts ask?

A

How did the offeree (the receiver) infer the contract terms?

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6
Q

The 3 things an effective offer needs are…

A
  1. Serious Intention
  2. Reasonable Terms
  3. Communication
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7
Q

Serious Intention asks…

A

How serious + clear is the intention to be bound to the offer?

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8
Q

Do emotional offers count as serious intention?

A

No

because they weren’t made seriously

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9
Q

Situations that lack intent aren’t serious offers because…

A

There is no clear indication to be bound by the offer

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10
Q

What is the difference between a negotiation and an offer?

A
  1. Offers are proposals
  2. Negotiations are a series of discussions leading up to an offer
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11
Q

An offer can be MANUALLY terminated by…

A
  1. Revocation
  2. Rejection
  3. Counteroffer
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12
Q

Revocation

A

Opting out, or being inconsistent (not following the terms)

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13
Q

When can an offer be revoked?

A

Before acceptance, unless it’s irrevocable

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14
Q

When can the offeror revoke their offer in an option contract?

A

Until a specified date

They can respond to the offer anytime before that date

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15
Q

Rejection

A

Saying “no”

They can’t go thru w/ the offer w/o your consent

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16
Q

An offer isn’t rejected until…

A

The offeree knows the offeror said no

Any attempt after is a new offer

17
Q

Counteroffer

A

Rejecting + proposing a new offer

18
Q

Mirror Image Rule

A

The terms of the offeree’s acceptance must match the terms of the offer

19
Q

If you change/add onto an existing offer…

A

The old offer gets terminated + is a counteroffer

20
Q

An offer can be AUTOMATICALLY terminated by…

A
  1. Lapse of Time
  2. Destruction, death or incompetence
  3. Being an illegal offer
21
Q

Lapse of Time

A

The time limit has passed, after a specified or reasonable amount of time

22
Q

Destruction, death or incompetence

A

a. The subject matter of the offer is destroyed
b. One of the parties either dies or is severely injured

23
Q

Acceptance

A

When the offeree willingly accepts the offer, creating a binding contract

24
Q

The offer must be accepted…

A

Unequivocally (clearly)

25
Q

When can silence count as acceptance?

A

If the 2 parties have dealt w/ each other before

26
Q

Is communication of acceptance necessary in a bilateral contract?

A

Yes, since acceptance = a promise

27
Q

In a unilateral contract, acceptance must be…

A

Evidently acted

28
Q

The Mailbox Rule states that…

A

Acceptance of an offer is effective once sent, not once recieved

29
Q

The Mailbox Rule only applies when…

A

Both parties aren’t face to face

30
Q

Authorized Acceptance won’t be effective until its…

A

Received by the offeree

31
Q

Express authorization exists when…

A

The offer specified how acceptance should be made

32
Q

Implied authorization exists when…

A

The offeror doesn’t specify the method of acceptance

In which case any reasonable method of acceptance is valid

33
Q

Substitute Acceptance exists when…

A

The offeror and offeree’s method of acceptance differ from one another