Offer Flashcards
Under common law an offer
must be definite and certain as to what will be agreed upon in the contract
Essential terms of a contract include
1) Parties involved
2) price
3) Time for performance
4) subject matter
Advertisements
are invitations to make an offer NOT an actual offer
An offerer
may revoke an offer prior to acceptance by the offeree
Revocation
1) is effective when received by the offeree or
2) offeror sold subject matter of the offer
Counteroffer
is a Rejection plus a new offer
Ambiguity
is not grounds to have an offer terminated
When is an offer automatically terminated?
1) Death or insanity by offeror or offeree
2) bankruptcy or insolvency by offeror or offeree
3) destruction of subject matter