Promise; Offer Flashcards

1
Q

What is an offer?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is a promise?

A

A manifestation of intention to act or refrain in a specified way to justify a promise in understanding that a commitment has been made

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

When an offer is rejected

A

It’s taken off the table. An offeree cannot later come back and trying to accept a previously rejected offer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What makes an offer?

A
  1. Bids
  2. Rewards
  3. Promissory words
  4. Response to inquiry
  5. Specific to the quantity, quality and price
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Rewards

A

Can be an offer; an offer looking into a unilateral contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What does not make an offer?

A
  1. Estimates
  2. Ads - offers to negotiate
  3. Price listings in catalogs
  4. No intention for legal consequences
  5. Quotes
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Opinions/predictions

A

Expressions of opinions or predictions impose no contractual liability upon D

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Bids

A

Are generally considered offers

Asking for a bid and someone says i can do it for 10,000, then that is the offer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Advertisements

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

General Contractors and Sub-Contractors

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly