1. Professor Paul J. Carrier
Contracts I Class 2
Professor Paul J. Carrier
MYLEGS.org ©2018 Paul J. Carrier

2. Main Topics of Contracts I
1. We are still in “Formation” (Week 2 of 7 weeks)
MYLEGS.org ©2018 Paul J. Carrier

3. Main Topics of Contracts I
1. Formation (7 weeks)
2. Last time: the four elements and the first one: the OFFER
MYLEGS.org ©2018 Paul J. Carrier

4. Main Topics of Contracts I
1. Formation (7 weeks) – briefly review
2. Last time: the four elements and the first one: the OFFER
3. current intent; communicated; definiteness of terms*
MYLEGS.org

5. MYLEGS.org ©2018 Paul J. Carrier
Main Issues of Class 2
The second element of a contract (ACCEPTANCE) and its three components
MYLEGS.org ©2018 Paul J. Carrier

6. MYLEGS.org ©2018 Paul J. Carrier
Main Issues of Class 2
The second element of a contract (ACCEPTANCE) and its three components
The (current) intent to accept
MYLEGS.org ©2018 Paul J. Carrier

7. MYLEGS.org ©2018 Paul J. Carrier
Main Issues of Class 2
The second element of a contract (ACCEPTANCE) and its three components
The (current) intent to accept
Communicated (offeror has to know of it)
MYLEGS.org ©2018 Paul J. Carrier

8. Main Issues of Class 2
The second element of a contract (ACCEPTANCE) and its three components
The (current) intent to accept
Communicated (offeror has to know of it)
“Mirror Image” (‘old school’) –vs.- “Responsive” (more ‘new school’) v

9. MYLEGS.org ©2018 Paul J. Carrier
Main Issues of Class 2
Main Issues of which to be aware
MYLEGS.org ©2018 Paul J. Carrier

10. MYLEGS.org ©2018 Paul J. Carrier
Main Issues of Class 2
Main Issues of which to be aware
Offeror is “master of the offer” … if the offeror specifies how acceptance must be done, such as “only when the acceptance reaches my hands by Friday,” then this is what is required – this is the “mirror image” concept
MYLEGS.org ©2018 Paul J. Carrier

11. MYLEGS.org ©2018 Paul J. Carrier
Main Issues of Class 2
Main Issues of which to be aware
Offeror is “master of the offer” … if the offeror specifies how acceptance must be done, such as “only when the acceptance reaches my hands by Friday,” then this is what is required – this is the “mirror image” concept
If mode of acceptance NOT rigidly specified, “close enough” works – i.e., the acceptance, when pretty close to what offeror expects, is RESPONSIVE
MYLEGS.org ©2018 Paul J. Carrier

12. MYLEGS.org ©2018 Paul J. Carrier
Main Issues of Class 2
Main Issues of which to be aware
Offeror is “master of the offer” … if the offeror specifies how acceptance must be done, such as “only when the acceptance reaches my hands by Friday,” then this is what is required – this is the “mirror image” concept
If mode of acceptance NOT rigidly specified, “close enough” works – i.e., the acceptance, when pretty close to what offeror expects, is RESPONSIVE
If offer expects acceptance by performance, it is UNILATERAL
MYLEGS.org ©2018 Paul J. Carrier

13. MYLEGS.org ©2018 Paul J. Carrier
Main Issues of Class 2
Main Issues of which to be aware
Offeror is “master of the offer” … if the offeror specifies how acceptance must be done, such as “only when the acceptance reaches my hands by Friday,” then this is what is required – this is the “mirror image” concept
If mode of acceptance NOT rigidly specified, “close enough” works – i.e., the acceptance, when pretty close to what offeror expects, is RESPONSIVE
If offer expects acceptance by performance, it is UNILATERAL
If offer expects a promise to perform, it is BILATERAL
MYLEGS.org ©2018 Paul J. Carrier

14. MYLEGS.org ©2018 Paul J. Carrier
Main Issues of Class 2
Main Issues of which to be aware
Offeror is “master of the offer” … if the offeror specifies how acceptance must be done, such as “only when the acceptance reaches my hands by Friday,” then this is what is required – this is the “mirror image” concept
If mode of acceptance NOT rigidly specified, “close enough” works – i.e., the acceptance, when pretty close to what offeror expects, is RESPONSIVE
If offer expects acceptance by performance, it is UNILATERAL
If offer expects a promise to perform, it is BILATERAL
1st requires completion for payment, but performance is not legally enforceable
MYLEGS.org ©2018 Paul J. Carrier

15. Main Issues of Class 2 Main Issues of which to be aware
Offeror is “master of the offer” … if the offeror specifies how acceptance must be done, such as “only when the acceptance reaches my hands by Friday,” then this is what is required – this is the “mirror image” concept
If mode of acceptance NOT rigidly specified, “close enough” works – i.e., the acceptance, when pretty close to what offeror expects, is RESPONSIVE
If offer expects acceptance by performance, it is UNILATERAL
If offer expects a promise to perform, it is BILATERAL
1st requires completion for payment, but performance is not legally enforceable
2d is a promise to perform and offeree can be required to finish, or be in breach
MYLEGS.org

16. Main Issues of Class 2
The second element of a contract (ACCEPTANCE) and its three components
The (current) intent to accept
Communicated (offeror has to know of it)
“Mirror Image” (‘old school’) –vs.- “Responsive” (more ‘new school’)
Main Issues of which to be aware
Offeror is “master of the offer” … if the offeror specifies how acceptance must be done, such as “only when the acceptance reaches my hands by Friday,” then this is what is required – this is the “mirror image” concept
If mode of acceptance NOT rigidly specified, “close enough” works – i.e., the acceptance, when pretty close to what offeror expects, is RESPONSIVE
If offer expects acceptance by performance, it is UNILATERAL
If offer expects a promise to perform, it is BILATERAL
1st requires completion for payment, but performance is not legally enforceable
2d is a promise to perform and offeree can be required to finish, or be in breach
MYLEGS.org