Revoking Offer Flashcards

1
Q

revocation

A

offeror’s retraction of an offer

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2
Q

power to revoke

A

offeror may revoke offer which effectively terminates offer and offeree’s power of acceptance

NOTE: only offeror may revoke

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3
Q

methods of revocation

A
  1. direct/explicit revocation
  2. implied revocation
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4
Q

direct/explicit revocation

A

unambigious statement by the offeror to offeree to revoke

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5
Q

indirect revocation

A
  1. offeree receives correct information
  2. from reliable source
  3. of offeror’s unambigious conduct indicating revocation
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6
Q

when is revocation effective?

A

upon receipt

offeree must be aware of revocation
attempted revocation is NOT effective revocation

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7
Q

Limitations on revocation

A
  1. only effective upon receipt
  2. cannot revoke after acceptance
  3. (unilateral ks) start of performance
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8
Q

irrevocable offers

A
  1. Option k
  2. UCC Firm Offer
  3. Detrimental reliance
  4. start of performance in unilateral k
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9
Q

option K

A

promise to keep an offer open

CL: consideration REQUIRED
UCC: consideration NOT required

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10
Q

UCC firm offer

A

merchant signed written offer that assures offer is irrevocable for stated time

NOTES:
* merchant’s own stationary = signed
* only offeror needs to be merchant
* if no time states, irrevocable up to 3 months (need to pay consideration for anything after)

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11
Q

detrimental reliance

A

reasonable + foreseeable reliance by offeree

NOT quitting your job because you’re getting a house

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12
Q

start of performance (unilateral k)

A

start of performance makes offer irrevocable for a reasonable time

NOT mere preparation

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