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For Midterms
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Offer rule (1)
A communication objectively showing offeror’s willingness to commit
Offer rule (2)
Reasonably certain terms
Offer rule (3)
Justify the offeree in understanding their assent will immediately create a K
Offer rule 1 explanation
NOT discussing an interest or a potential to enter a bargain, must be PROMISSORY language (Offers are COMMITMENTS)
Offer rule 2 explanation
Identify a breach and remedy thereto
Offer rule 3 explanation
There should be NOTHING else for the offeree to do except accept. There should be NOTHING else for the offeror to do but perform their end of the bargain. Also, Material terms are important enough to define the proposed exchange (quantity, price, and timeframe for performance)
Offer rule (4)
Terms provided are specific enough to identify a breach and remedy thereto
Counteroffer (COUTNER) Rule
Same as offer (1-4)
Lefkowitz (Stole case)
Case for Ads, Reasonably Certain Terms, and Method Rule
Dickinson (
Case for Not Option Ks, Revocability, and Behavior