Contracts > II. Contract Formation > A. Offer; B. Termination of Offer; C. Acceptance Flashcards
When an otherwise valid contract includes a term that is too vague, is it enforceable?
Only if the vagueness can be cured.
How can a contract containing vague terms be cured?
It is cured by the parties’ actions, including part performance or acceptance.
When will the court apply a presumption that the contract was intended to contain reasonable terms?
When a term is missing from the contract. A court will not apply this presumption to vague terms.
Is a contract containing vague terms voidable at either party’s discretion?
No. But it cannot be enforced at law unless the parties’ actions have cured the vagueness.
What is the effect of the destruction of the subject matter of an offer prior to acceptance?
The offeree’s power of acceptance is terminated.
Can an offerree accept an offer even though the subject matter of that offer was destroyed?
No. The offerree’s ability to accept terminates by operation of law. The offerree therefore cannot sue for breach.
How does Article 2 account for the buyer’s traditional assumption of risk of destroyed goods after acceptance but prior to delivery?
Article 2 gives buyers a special property interest in goods as soon as they are identified as the ones that will be used to satisfy the contract (e.g., as soon as the seller sets them aside for the buyer). This special property interest is insurable, so that a buyer may obtain insurance for goods while they are being shipped to prevent loss in case of damage or destruction during shipment.
Is a written or verbal agreement a necessary predicate to the formation of a valid contract?
No. Only apparent mutual assent is required. An actual subjective meeting of the minds is not necessary.
How is apparent mutual assent determined?
Apparent mutual assent is necessary to form a contract. The parties must be in agreement to form the “same bargain at the same time.” Courts will determine this using an objective measure, by which each party is bound to the apparent intention that he manifested to the other(s)
In an auction without reserve, once the auctioneer calls for bids on an article or lot:
that article or lot cannot be withdrawn unless no bid is made within a reasonable time
In an auction with reserve, once the auctioneer calls for bids on an article or lot:
the auctioneer may withdraw the goods at any time until he announces completion of the sale.
When may a bidder retract his bid?
At any time until the auctioneer announces the sale is completed.
What is the effect of a retracted bid on the bid made previous to it?
There is no effect. That bid is not revived by the retraction.
For a real estate contract, a ________ is necessary; for a valid offer for a contract for the sale of goods, a ________ is necessary.
Price; quantity.
A valid offer for a real estate contract must include:
the price and a property description identifying land with some particularity (identity of the land), but a deed description is not required.
