Offer Flashcards
Is a statement “I am asking X price” an offer?
No. Offer must have expressed terms of offer.
Can an acceptance conditioned on terms not included in the offer form a valid contract?
No (Ardente v. Horan). Acceptance conditioned on other terms is a counteroffer. If acceptance asks for a concession (but would still accept) then it is a valid acceptance.
Regardless of the parties’ subjective or actual intent, if a reasonable man could infer from their conduct intent to enter into a binding and enforceable contract, is a binding and enforceable contract presumed to exist?
Yes. In Embry, the court held that since a reasonable mind could infer that the company intended to extend his employment contract, a contract was formed.
When is an offer made?
An offer is made by mail when it is recieved.
Can the question of what is a reasonable time for acceptance be determined at law if there is no question as to the proper answer?
Yes. It is a question of fact for how long an offer remains valid.
