Offer and Acceptance

Question 1

What is mutual assent?

Answer 1

did words or conduct manifest an intent to enter into a k?

Question 2

What is an offer?

Answer 2

it creates a reasonable expectation in the offeree that the offeror is willing to enter into a k on the basis of the offered terms. ad is invitation not offer.

Question 3

Must an offer contain definite and certain terms?

Answer 3

yes.
Realty - land and price
Goods - quantity must be certain or capable of being certain
Output or Requirement k - not unreasonably disproportionate

Question 4

What if the duration of the employment is not included in employment contract?

Answer 4

it is construed as a contract terminable at the will of either party.

Question 5

Unilateral K

Answer 5

offer demands acceptance by performance. rewards, prizes, and contests. The start of performance makes the offer irrevocable

Question 6

UCC, an offer to buy goods …

Answer 6

can be accepted by a promise to ship the goods or prompt shipment of conforming goods. If the nonconforming goods are sent with an explanation, the shipment is treated as a counteroffer, as opposed to acceptance and breach, the buyer then can either accept in whole or reject in whole

Question 7

mailbox rule

Answer 7

acceptance is generally effective upon dispatch

Question 8

exceptions of Mailbox rule

Answer 8

1) the offer stipulates that acceptance is not effective until recieved
2) an option contract is involved and acceptance is effective only on reciept
3) if the offeree sends a rejection and then sends an acceptance, whichever arrives first is effective
4) if the offeree sends an acceptance then an rejection, the acceptance is effective unless rejection arrives first and the offeror detrimentally relied on it.