Offer and Acceptance

Question 1

Offer elements

Answer 1

outward manifestation

signal that acceptance will close the deal

Question 2

are commercial advertisements offers?

Answer 2

no- invitations for offers.
Unless language identifies the means by which the goods or services will be allocated in the event of excess demand, then there’s no need for further assent from the advertiser so it’s an offer

Question 3

are reward offers an offer?

Answer 3

usu yes

can be self-limiting, or open-field rewards

Question 4

an offer creates_

Answer 4

the power of acceptance in the offeree

Question 5

ways to terminate the power of acceptance

Answer 5

lapse of time
death or incapacity
revocation
rejection

Question 6

when a general contractor uses a particular subcontractor’s bid to formulate his own,–

Answer 6

an implied option contract is formed via promissory estoppel

Question 7

to make a firm offer

Answer 7

offer made by merchant
offer is in writing signed by the merchant
expressly states by its terms that it will be held open
*can be for no more than 3m under the UCC. BUT can make a CL K if there’s consideration for keepign it open

Question 8

if an offeree makes a nonconforming acceptance,

Answer 8

that’s a rejection bc of the mirror image rule

Question 9

bilateral K seeks acceptance by

Answer 9

promise

Question 10

a unilateral K seeks acceptance by

Answer 10

performance

Question 11

when is acceptance by silence ok

Answer 11

where oee takes bene of oor’s services with reas opp to reject them and w reason to know oor’s intention

oor has given oee reason to understand that acceptance may be communicated by silence

previous dealings etc, reasonable that oee should notify the oor if he does not wish to accept

Question 12

if an oee mails a rejection and an acceptance,

Answer 12

whichever reaches the oor first applies.

if it’s the rejection, then the acceptance is a counteroffer

Question 13

UCC ways a seller can accept a buyer’s offer

Answer 13

promise to ship goods (ex, acknowledgement form)
prompt or current shipment of goods
shipping nonfonforming goods. (acceptance + breach)
(if notified it’s an accomodation, then it’s a counteroffer)

Question 14

battle of the forms: nonconforming acceptnace -

Answer 14

is binding unless conditional

Question 15

battle of the forms: nonconforming acceptance where 1 party is a consumer

Answer 15

additional or different: proposals for addition to the K. not part of it unless oor expressly agrees to the additional terms

Question 16

BOF: both are merchangs: aditional terms

Answer 16

part of the K unless

• conditional acceptance
• oor objects within a reasonable time
• would materially alter the K

Question 17

BOF: both are merchants: different terms

Answer 17

knockout rule: omit both

Question 18

written confirmations: both merchants: different terms

Answer 18

proposals for inclusion, receiving party can accept or reject
cannot be a conditional acceptance