Contracts

Contract (k)

At least one promise

Agreement

At least two people; Manifestation of Mutual Assent

Mutual Assent

Both agreeing

Offer and Acceptance (who is who)

Offeor - makes the offer

Offeree - accepts the offer

Offer

Manifest willingness to enter into a bargain (or) and justify another person in understanding that his assent to that bargain and is invited and will conclude it (ee)

Appellant

Person who lost the case in lower court

Holding

Law + facts = results

Manifestation

Outward expression/acts

How to enter an offer

Verbally or through actions; outward express intent

Willingness

did they communicate their present intent/commitment to enter a contract

Offeree

Believe assent was invited and conclude bargain; brought into account how a reasonable person would feel

Communication for commitment - Preliminary Negotiation

Language: reasonably certain, has to be assertive/strong

Examples of assertive language

Will v. Can

Promise

I am

Essential Terms

Quality

Time

Place

Person

Price

Subject

Offer: special categories

Advertisements, Catalogs, Internet pop ups

General Rule for ads

Do not equal offer except when clear, definite, explicit and there is nothing left to negotiate

Preliminary Negotiation

Between an offer and acceptance, initial language, ads

how to tell if there is an offer being made

look at outward expression, words, acts

Words that make an offer

Language and Essential terms

CREAC

Conclusion, Rule, Explanation, Application, Conclusion

§50

(1) Manifest their assent to the terms

(2) Accept by performance

(3) accept by a promise

unilateral agreement

Accept by performance

Bilateral agreement

Acceptance by promise

§36

(1) revocation of the offer

(2) rejection or counteroffer by the offeree

(3) lapse of time