Offer and Acceptance in Contract Law

These flashcards cover key concepts related to offer and acceptance in contract law, particularly focusing on acceptance by performance and the rulings from relevant court cases.

What constitutes acceptance by performance in contract law?

Acceptance by performance occurs when the offeree begins to perform the act requested in the offer, thereby creating a binding contract.

In the context of the lecture, what was the owner's offer to Robert Roofer?

The owner offered to pay Robert Roofer $2,000 to repair the roof of the barn by the end of the week.

According to the lecture, can the roofer quit work without liability once he starts?

No, once the roofer accepts the offer by commencing work, he cannot quit without incurring liability.

What does 'reasonable time' refer to in the context of contract acceptance?

Reasonable time refers to the period within which the offer must be accepted, depending on the nature of the contract and business practices.

What case was discussed that centered around offer and invitation to negotiate?

The case discussed was Lefkowitz v. Great Minneapolis Surplus Store.

What happens to an offer once it has been accepted?

The offeror loses the power to revoke the offer once it has been accepted, creating a binding contract.

What is required for a manifestation of assent in contract law?

A manifestation of assent requires that the offeree demonstrates agreement to the terms of the offer in the manner invited or required by the offeror.

What is a key aspect of the contract language in EverType?

The contract becomes binding upon written acceptance or by commencing performance of the work.

How did the court in Evertite define the commencement of performance?

Commencement of performance was defined as beginning the work, such as loading materials for transport, not just arriving at the job site.

What did the court conclude about the reasonable time for accepting an offer?

The court concluded that reasonable time is a question of fact, inferred from the nature of the contract and the circumstances surrounding it.