Offer

Question 1

Offer

Answer 1

“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.”

Question 2

Preliminary negotiations

Answer 2

Preliminary negotiations are not an offer.

A willingness to enter into a bargain is not an offer if the person to whom it is addressed knows or has reason to know that the person making it does not intend to conclude a bargain until he has made a further manifestation of assent.
^^ can be shown by circumstances

Question 3

Certainty in the offer context

Answer 3

The fact that one or more terms of a proposed bargain are left open or uncertain may show that a manifestation of intention is not intended to be understood as an offer or as an acceptance

Question 4

Nebraska Seed Co. v. Harsh

Answer 4

Acceptance of a proposal to begin bargaining cannot create a contract, even if the proposal was sent to specific persons, rather than to the public generally.

Question 5

Certainty and the UCC

Answer 5

More loose goose, generally will side on continuing contracts and having uncertain terms worked out later

Question 6

Empro v. Ball-Co

Answer 6

“Intent” in contract law is objective rather than subjective . . . parties who make their pact “subject to” a later definitive agreement have manifested an (objective) intent not to be bound.

Question 7

Arnold Palmer v. Fuqua,
“Memorandum of Intent”

Answer 7

When considering intent, the entire document and relevant circumstances surrounding its adoption must be considered