Level 7: Additional Contract Considerations Flashcards
Counteroffers
slightest alteration to an offer, including things like financing contingencies, do not constitute acceptance of the current offer
Offer Termination: Acceptance
replacing the offer with a contract
Offer Termination: Counteroffer
rejecting the offer and replacing it with a new offer
Offer Termination: Rejection
rejecting the offer without a new offer being made
Offer Termination: Expiration
allowing the passage of a stated expiration date or a reasonable time
Offer Termination: Revocation
withdrawing the offer before acceptance has been communicated
Offer Termination: Death or Mental Incapacity
the death or mental incapacity of either party before acceptance
Offer Termination: Destruction
the destruction of the subject property of an offer
Offer Termination: Improper Acceptance
failing to comply with stipulated manner of acceptance as laid out in the offer
Offer Revocation
once the offeror has been notified of an offer’s acceptance, the right to revoke the offer has passed.
Contract Conditions: Condition
any action, deed, or event — excluding the passing of a deadline — that affects a party’s duty to perform
Contract Conditions: Condition Precedent
an action, deed, or event that must come about prior to the duty to perform
Contract Conditions: Condition Concurrent
one condition must occur simultaneously with another
Contract Conditions: Condition Subsequent
an action, deed, or event that brings about an end to something else
Condition Classifications: Express Condition
explicitly stated condition in the contract that must occur in order to trigger a duty to perform