Offer?

Question 1

An offer cannot reserve assent

Answer 1

Lonergan

Question 2

If manifested intent to make an offer, made an offer

Answer 2

Lonergan

Question 3

Presumption: ads aren’t offers (risk of over-acceptance/more people than goods)

Answer 3

Lefkowitz

Question 4

To overcome presumption: ad needs to eliminate risk of over-acceptance

If the ad is self executing, the presumption is not in play – still need to check if an offer

Answer 4

Lefkowitz

Question 5

An offer is clear, definite, explicit, and leaves nothing open for negotiation

Answer 5

Lefkowitz

Question 6

If reasonable person in the offeree’s shoes would not think it was an offer, not an offer

Answer 6

Lefkowitz

Question 7

The offeror is the master of the offer

can change terms until accepted

Answer 7

Lefkowitz

Question 8

Generally, if goods are advertised for sale at a certain price, it is not an offer and no K is formed - merely an invitation to bargain

Answer 8

Ford Motor

Question 9

EXCEPTION TO ADS ARE NOT OFFERS:

1. Self executing ad
2. Unilateral K
3. State statute says otherwise

Note: Certain ads found to be offers where invite performance of specific act without further consideration and leave nothing for negotiation (i.e. ads for rewards)

Answer 9

Donovan

Question 10

Display of an article with price is merely an invitation to treat- customer makes an offer to buy at price stated and store can accept or reject

Answer 10

Fisher