Mutual Assent Flashcards
Mutual Assent
Meeting of the minds.
Rest. 2nd, 3: “ An agreement is a manifestation of mutual assent on the part of two or more persons.
17: “The formation of a contract requires a manifestation of mutual assent… if his words and acts judged by a reasonable standard manifest intent to agree, it is immaterial what may what be on his unexpressed state of his mind…
Did D saying “go ahead and get your men out” constitute a contract of reemployment for P on the previous terms irrespective of the intention or purpose of D in that moment?
Yes. If a reasonable person can infer from conduct D’s intent to form a contract, it exists regardless of the parties’ actual intent.
Embry v. Hargadine, McKittrick Dry Goods Co. (1907)
Does the mental assent of the parties constitute a contract when P agrees to purchase D’s property when D signed it in jest after drinking and P did not?
No. Mental assent of the parties is not requisite to form a contract. Reasonable meaning is all that’s needed.
Lucy v. Zehmer (1954)
Does D’s letter offering fiberglass to be sold as a certain price constitute an offer?
No. Parties to form a valid contract need a manifestation mutual assent or meeting of the minds. because there was no time delivery terms or quantity listed. There was no intent from the buyer to form agreement. (UCC 2-204)
- General rule that a price quotation is not an offer, but rather a suggestion to induce offers.
Interstate Industries v. Barclay Industries (1976)
Offer
The manifestation of willingness to enter into a bargain, so made as to justify another person and understanding that his assent to that bargain is invited and Will conclude it.
Rest. 2nd, 24
Does D’s price quotation listing the product they’re selling with its quantity, time to accept, packaging & shipping, and payment terms enough to constitute an offer?
Yes. A price quotation may be deemed an offer since it includes all relevant information needed for the offeree to accept (quantity, price, time to accept, packaging and shipping, payment terms).
Nordyne v. International Controls & Measurements Corp. (2001)
Does D’s newspaper ad for a $26 electric sewing machine constitute offer?
No. Generally, a ordinary newspaper ad is not an offer, but instead an offer to negotiate or receive an offer.
- failure of specificity of terms (quantity) contribute to not being an offer
Craft v. Elder & Johnston Co. (1941)
Does D’s newspaper ad sell selling fur coats “on Saturday 9 AM sharp $100 first come first served $1 each” constitute an offer for which P’s assent be granted?
Yes. An advertisement constitutes a binding offer if it is clear, definite, and explicit and leaves nothing open for negotiation.
- Store cannot deny acceptance based on house rules that only women can purchase if this was modified after acceptance
Lefkowitz v. Great Minneapolis Surplus Store (1957)
Is a poster directed to its employees to receive after $5000 to catch a thief and offer to the company’s supervisors?
Yes. A unilateral offer (promise for performance) can be made by publication requesting or inviting the doing of some act in response.
Consolidated Freightways Corp. of Delaware v. Williams (1976)
Did D‘s television commercial soliciting the accumulation of PepsiPoints to retrieve PepsiStuff a contract for P to receive a Harrier Jet which was not listed in the catalog or order form?
No. Generally, an ad is not an offer even when the prices listed. the ad must contain commitment or an invitation to take further action, but if it was clearly meant as a joke, as was this case, it is not an offer.
- the adult reciprocal promise through acceptance with the terms of the order form of which of the Harrier jet was not mentioned.
Leonard v. PepsiCo, Inc. (1999)
Mode of Assent: Offer and Acceptance 22
(1) mutual ascent takes the form of an offer from one party (offeror) paired with the acceptance from another (offeree)
(2) a manifestation of mutual assent may be made even though neither offer nor acceptance can be identified and even though the moment of formation cannot be determined
Formation in General UCC 2-204
(1) contract for sale of goods may be made in any manner sufficient to show agreement including conduct by both parties which recognizes the existence of such contract
(2) agreements sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined
(3) even though one are more terms are left open. A contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.
Requirements of a Bargain 17
Formation of a contract requires a bargain in which there is a manifestation of mutual assent to the exchange and a consideration
- mutual assent = meeting of the minds
To Whom an Offer is Addressed, 29
- The manifested intention of the offer determines the person or persons and whom is created a power of acceptance.
- An offer may create a power of acceptance in a specified person or in one or more of a specified group or class of persons acting separately or together or anyone or everyone who makes a specified promise or renders a specified performance.
Form of Acceptance Invited, 30
- An offer may invite or require acceptance to be made by an affirmative answer in words or by performing or framing from performance a specified act, or may empower the offer to make a selection of terms in his acceptance
- Unless otherwise indicated by the language or the circumstances, an offer invites acceptance in any manner and by any medium reasonable in the circumstances.
