Offer Flashcards
§24.Offer Defined.
An offer is the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.
§29.(1)To Whom an Offer Is Addressed.
(1) The manifested intention of the offeror determines the person or persons in whom is created a power of acceptance.
§29.(2)To Whom an Offer Is Addressed.
(2) 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 in anyone or everyone who makes a specified promise or renders a specified performance.
Restatement 2d § 26 advertisements
Restatement 2d § 26, Cmt. b, says that advertisements are presumptively not intended or understood as offers to sell, that presumption can be overcome if there is some language of commitment, or an invitation to take action without further communication in the advertisement. Here, the advertisement meets all the criteria for an enforceable offer via advertisement: the time to accept, the place to accept, the price, and the terms of acceptance, i.e., first-come-first served. This rule was applied in Lefkowitz v. Great Minn. Surplus Store,
Restatement 2d § 29, Cmt. b. general offer
There is a presumption in general offers that only the first person who performs the acts called for in the offer can accept it. Restatement 2d § 29, Cmt. b. That presumption can be overcome by facts and circumstances to the contrary, e.g., in Carlill v. Carbolic Smoke Ball, 1 Q.B. 256 (1893), the ad made it clear the general reward was offered to any and all people who used the smoke ball and caught the flu.
Restatement 2d § 52. who can accept offer
An offer can be accepted only by a person to whom it is made. Restatement 2d § 52.
The manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.
§24.Offer Defined.
(1) The manifested intention of the offeror determines the person or persons in whom is created a power of acceptance.
§29.(1)To Whom an Offer Is Addressed.
(2) 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 in anyone or everyone who makes a specified promise or renders a specified performance.
§29.(2)To Whom an Offer Is Addressed.
Advertisements are presumptively not intended or understood as offers to sell, that presumption can be overcome if there is some language of commitment, or an invitation to take action without further communication in the advertisement. Here, the advertisement meets all the criteria for an enforceable offer via advertisement: the time to accept, the place to accept, the price, and the terms of acceptance, i.e., first-come-first served. This rule was applied in Lefkowitz v. Great Minn. Surplus Store,
Restatement 2d § 26 advertisements
There is a presumption in general offers that only the first person who performs the acts called for in the offer can accept it. Restatement 2d § 29, Cmt. b. That presumption can be overcome by facts and circumstances to the contrary, e.g., in Carlill v. Carbolic Smoke Ball, 1 Q.B. 256 (1893), the ad made it clear the general reward was offered to any and all people who used the smoke ball and caught the flu.
Restatement 2d § 29, Cmt. b. general offer
Restatement 2d § 46 Public offer Revocation
Restatement 2d § 46. When the offer was already communicated to the public, a revocation must be communicated to be effective.
UCC §2–206.Offer and Acceptance in Formation of Contract.
[1.2, 2]
(1) Unless otherwise unambiguously indicated by the language or circumstances
(a)an offer to make a contract shall be construed as
inviting acceptance in any manner and by any
medium reasonable in the circumstances;
(b)an order or other offer to buy goods for prompt or
current shipment shall be construed as inviting
acceptance either by a prompt promise to ship or
by the prompt or current shipment of conforming
or non-conforming goods, but such a shipment of
non-conforming goods does not constitute an
acceptance if the seller seasonably notifies the
buyer that the shipment is offered only as an
accommodation to the buyer.
(2) Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
UCC §2–205.Firm Offers.
An offer by a merchant to buy or sell goods in a signed recording which by its terms gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed three months; but any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.
§33.Certainty
(1) Even though a manifestation of intention is intended to be understood as an offer, it cannot be accepted so as to form a contract unless the terms of the contract are reasonably certain.
