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Published bySilas Baker Modified over 8 years ago
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HOW A CONTRACT BEGINS Chapter 4.2
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Requirements of an Offer Must be seriously intended Must be definite and certain Must be communicated to the offeree
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Requirements of an Acceptance Unconditional Acceptance Mirror Image Rule-must not change the terms of the original offer-acceptance should mirror the offer Counteroffer-up to original offeror(now offeree) to accept counteroffer Contracts for sale of goods-exception to mirror image rule(clothing, furniture, motor vehicles, applicances) UCC-Uniform Commercial Code Unified set of statutes that covers the law of sales as well as other areas of commercial law
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Methods of Acceptance Offeree uses the same method of communication that the offeror used-contract exists when acceptance is sent Offeree uses a different method than the offeror- contract exists when acceptance is received(real estate and service contracts) Sales of goods contracts-acceptance takes place when it is sent-communication must be reasonable Offer specifies that it must be accepted by an action Offeror cannot impose silence on the offeree as means of acceptance UNLESS the offeree has previously agreed or the offeree has allowed his/her silence used in the past
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Termination of an Offer Revocation-taking back the offer Two rules Offer can be revoke anytime before accepted Revocation becomes effective when received by or communicated to the offeree Rejection-refusal of an offer by offeree Counteroffer-ends the first offer Expiration of Time-offeror puts a time limit for acceptance- no time limit stated in offer-must be accepted within a reasonable time Death or Insanity-becomes insane before offer is accepted- death ends an offer, but does not end a contract, except for personal services
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