Page 6 Flashcards Preview

Contracts FYLSE > Page 6 > Flashcards

Flashcards in Page 6 Deck (34):

How Can you revoke an offer by conduct?

Doing an act that prevents performance of the contract


When is a revocation of an offer effective by conduct?

When the offeree learns about it from a reliable source


What are three types of irrevocable offers?

Option contracts, merchant's firm offer, promissory estoppel


If A revocation is applicable on an essay, what should you discuss?

Merchants firm offer, option contracts, and promissory estoppel


What are the three ways that an offer can be terminated by operation of law?

- death/incapacity/insanity
- supervening Illegality
- destruction of subject matter


If Either party dies, what happens to an offer?

It dies too because there can't be a contract without two parties in existence


If one party becomes incapacitated or insane, what happens to an offer?

Mental capacity precludes mutual assent


Why do option offers not terminate on death?

Because consideration has been paid to keep it open during the option period


What is supervening Illegality?

When a law gets passed that prevents the formation of a contract, this terminates an offer


What is an example of supervening illegality?

If you're selling Cuban cigars and a law is made to make that illegal after the offer is made, but before acceptance occurs, that terminates the offer


If Subject matter is destroyed, what happens to the offer?

It can't be performed


How does an offer terminate by its own terms?

An offer expressly states how long it will be open for or on what event it will terminate


If You get an offer in the mail long after the acceptance date, what period of time do you have?

You have whatever period of time you would have had if the mail had been received when it should've been


If an offer says it will stay open until Friday at 6 PM, when does the offer laps?

Anytime after Friday at 6 PM


If An offer doesn't say how long it will be open for, when does it lapse?

After a reasonable time has passed


If an offer is communicated via delivery system like mail or fax, and the author gives you five days, where do you measure the date from?

From the date the offer was delivered, or if it was delivered abnormally, from when it should have been delivered


If you send an offer by mail to sell your car for $5000, and it says the person has five days to accept, and mail usually takes two days, but in this case there was a problem that made it take five days, where do you measure the date from?

Date it should have been delivered if it had been delivered normally


How can Passage of time terminate an offer?

Face-to-face offers terminate when a conversation ends, or offers to sell where prices are very volatile terminate quickly


What are exceptions where offers do not terminate?

Irrevocable offers including option contracts, equitable option/detrimental reliance, merchant's firm offer, sub contractor's bids, etc.


How can you not revoke an option contract?

Nothing can terminate the offer until the day that is set


Under the restatement, if there is an option contract that only has the recital of consideration, but none was actually paid, will the majority still enforce the option?

Yes, because the recital is treated as a promise to pay


Does it matter how much the consideration was for an option contract?

No, It can just be one dollar


What is an equitable option contract/detrimental reliance?

Implied option contract where offeree detrimentally, reasonably, and foreseeably relies on an offer, and the offer must stay open for reasonable time


How is an equitable option contract the same as an option contract?

It is as if the person paid to keep the offer open and stays open for reasonable time, because of the detrimental reliance


Example of an equitable option contract?

Subcontractor bids, because the general contractor relies on them in putting together his overall bid


What Is the UCC merchant's firm offer?

When a merchant, or someone in business, puts a signed offer in writing stating that it will be held open for the stated period of time, or reasonable time when no time is stated, and no consideration is necessary


How long is a merchants firm offer considered irrevocable?

For the time stated, or if no time is stated, for a reasonable time, never to exceed three months without consideration


Merchants firm offer applies to who and must be what?

Anyone in business, and must be in writing


If consideration is paid for merchants firm offer, that becomes what?

An option contract


Bids by subcontractors that are given to general contractors are considered what?

Temporarily irrevocable


What is the one way that a unilateral offer can become irrevocable?

If Performance has already begun


What is the way that a bilateral contract offer can't be revoked?

If the offeree gave consideration, the offer was in writing and included at least nominal consideration, or the offeree relied on the offer in a foreseeable way, or the offer was for the sale of goods and fell under the UCC


If a revocation crosses paths with an acceptance, what do you do?

Figure out if the acceptance was sent in a timely manner and by an appropriate medium, and if it was, then acceptance is effective on dispatch and revocation is effective on receipt


What are the two positions for when revocation is effective for an offer?

- Majority: effective when received, regardless of whether offeree actually knows about it or read it (counts if it is received by someone in your control)
- minority: effective on dispatch