Real Consent Flashcards
Real Consent
a meeting of the minds manifested by offer and acceptance
Offer
a firm and definite proposal to enter into a contract of a kind agreed upon under pre-arranged precise conditions
True offer
a true offer must be precise and complete, serious and firm, and expressed in a way which the offeree can say yes without further specification
Invitation to Bargain
not an offer.
Lease
thing to be leased and the rent
Sale
thing and the price
Services
price and the work to be performed
Revocable offer
as a general rule, an offer is revocable and can lapse
When can a revocable offer be withdrawn?
BEFORE the offer is received
When is the revocable offer received?
When it comes into possession of the addressee’[]
What makes an offer irrevocable?
(1) the offeror gives the offeree a SPECIFIED time for acceptance
(2) the offeror gives the offeree “some time to think it over”
(3) the offer can be accepted by completed performance and the offeree has begun performing
When can an irrevocable offer be withdrawn?
before it is received
If an irrevocable offer’s restrictions are not met what happens?
it lapses or expires
When can offers lapse?
(1) the death of either party before acceptance
(2) the incapacitation of the offeree or offeror before acceptance
(3) time expires in an irrevocable offer
(4) after a reasonable time
Acceptance
the offeree’s manifestation of intent to accept
