Formation 4 Flashcards

1
Q

termination: what is NOT a counteroffer

A

mere inquiry

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2
Q

termination: mirror image rule

A

acceptance must mirror the terms of the offer; nonconforming acceptance = rejection

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3
Q

Termination: lapse of time

A

offeree must accept w/in specified reasonable time starting from when offer is received by offeree or when it would have been received (if delayed + offeree knows or should have known); otherwise, offeree allows offer to terminate

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4
Q

Acceptance of offer overarching rule

A

offeree must objectively manifest assent to terms and communicate it in any reasonable manner.

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5
Q

acceptance: how to communicate acceptance in “any reasonable manner?”

A

expressly or by conduct

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6
Q

Must offeree have knowledge of offer to accept?

A

yes

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7
Q

what constitutes acceptance of unilateral K offer?

A

ONLY complete performance; completed act forms the K

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8
Q

mailbox rule

A

acceptance is effective when dispatched

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9
Q

exception to mailbox rule

A

when exercising option K, acceptance effective when received

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10
Q

when are non-acceptance communications (e.g., offers) effective?

A

when received

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