Promise; Offer Flashcards
What is an offer?
A manifestation of willingness to enter into a bargain made so as to justify another in understanding that their assent is invited and will conclude it
What is a promise?
A manifestation of intention to act or refrain in a specified way to justify a promise in understanding that a commitment has been made
When an offer is rejected
It’s taken off the table. An offeree cannot later come back and trying to accept a previously rejected offer
What makes an offer?
- Bids
- Rewards
- Promissory words
- Response to inquiry
- Specific to the quantity, quality and price
Rewards
Can be an offer; an offer looking into a unilateral contract
What does not make an offer?
- Estimates
- Ads - offers to negotiate
- Price listings in catalogs
- No intention for legal consequences
- Quotes
Opinions/predictions
Expressions of opinions or predictions impose no contractual liability upon D
Bids
Are generally considered offers
Asking for a bid and someone says i can do it for 10,000, then that is the offer
Advertisements
Almost never an offer; an invitation to negotiate
Does not constitute an offer unless the advertisement is clear, definite and explicit, and leaves no room for negotiation and has expressed promissory language
General Contractors and Sub-Contractors
When a contractor’s bid relies on the subcontractor’s estimate
General contractors must formulate a quote for a job before inputting their bid and they base their price on the bids given to them in advance by subcontractors. It is for this reason that subcontractors have a special relationship with general contractors, and this makes them more committed to the offers they make