Make an offer he can't refuse
An offer.
A manifestation of assent to enter into a bargain justifying another in understanding his assent is invited and conclude the bargain (creates power of acceptance)?
What are communicated, commitment, content, and certain?
Two types of test for illness or mental defect.
Cognitive Test and Motivational Test.
§15
The UCC applies to this.
What is the sale of goods?
An online retailer advertises, “Send three box tops plus $1.95 for your free cotton T-shirt; supplies limited.”
What is an advertisement as an offer?
An offer to the public to enter into a unilateral contract which the offeree accepts through performance.
What is a reward?
Yep, those three things really showing you manifesting your assent!
What is definite, clear, complete?
What the adult is entitled to when a 16 year/old disaffirms a contract.
What is replevin?
UCC rule that replaces the mirror image rule.
What is UCC 2-207?
Acceptance in writing with additional terms construed to be proposals in addition to the contract. Such terms become part of the contract unless: offer expressly limits acceptance to the terms of the offer, materially alter the offer, or given notification of objection to the additional terms within reasonable time.
Anna says to Bob, I’ll pay you $1,000 if you cross the Brooklyn Bridge.” Bob immediately begins to walk across the Brooklyn Bridge, but Anna yells “Just kidding. I revoke my offer!” Is a contract formed?
3 of the 5 reasons that advertisements are not offers.
What is (1) Invitation to enter the bargaining process, (2) Doesn't usually specify quantity, (3)Does not limit the number of contractual partners, (4) Omits or leaves uncertain essential terms, (5) Sometimes considered too promotional to be a commitment?
When an acceptance is effective if the offer didn't specify otherwise.
What is at the time of dispatch (mailbox rule)?
Elements of Duress by Improper Threat.
What is an improper threat and no reasonable alternative but to do the act?
Consideration is not required to support them under the yUCC
Albert Hayes wrote a letter to Paul Harris that stated, “I want you to come to work for my company at $160,000 per year. I don’t want to hear anything from you other than your acceptance. No matter what you say, you have until the end of this month (the 30th), to say yes. I will simply ignore any other response.” On the 20th, Harris replied, “You’re suggested salary is an insult. Forget it.” On the 29th, Harris wrote and mailed a letter which stated, “O.K., we have a deal at $160,000.” Hayes replied by mail, “After receiving your letter of the 20th, I hired somebody else.” Harris' response on the 20th.
What is a rejection?
The four events that terminate the power of the offeree to accept an offer.
What is (1) rejection or counter-offer by the offeree, (2) Lapse of Time (reasonable, or stated) , (3) Revocation by the Offeror (Direct or Indirect), (4) or death or incapacity of the offeror or the offeree (Not After Contract Formation)?
When acceptance by conduct applies.
What is (1) intends to engage in the conduct and (2) knows or has reason to know that the other party may infer from his conduct that he assents?
When non-disclosure is misrepresentation. (Give me three)
What is (1) knows disclosure is necessary to prevent some previous assertion from being a misrepresentation or from being fraudulent or material, (2) Where he knows that disclosure of the fact would correct a mistake of the other party as to a basic assumption, (3) where he knows that disclosure would correct mistake of other party as to effect of writing, (4) where the other person is entitled to know the fact because of a relation of trust and confidence between them?
Under the UCC, how long a party has to disaffirm a confirmatory memo.
What is 10 days?
In what situation might the doctrine of equitable estoppel be relevant in addition to promissory estoppel?
(A) When one party seeks to enforce a promise against the other party despite having no legal right to do so.
(B) When both parties agree to a modification of the original contract.
(C) When one party has been fraudulently induced into entering into a contract.
(D) When one party fails to fulfill their contractual obligations due to unforeseen events beyond their control
What is D?
Once someone begins doing something for the benefit of an offeror.
What is "beginning performance?"
When acceptance by silence is permitted.
What is (1) taking a benefit or service and offeror would reasonably want to be compensated, (2) Offeror states that silence may be understood as acceptance, (3) Prior dealings?
Types of contracts covered by statute of frauds.
What is...
Marriage, Year + Contracts, Land sale or leases for 3+ years, Executor of estate to pay debts of the estate, Sale of goods where price is $500 or more, Suretyship Contracts?
Four Exceptions to S.o.F. under the UCC.
What is (1) specially manufactured goods, (2)confirmations between merchants, (3) judicial admission made by the party, (4) Part Performance?
On June 15, A mails an offer to B. On July 1, A mails a revocation to B. On July 3, B has a letter of acceptance hand-delivered to A. On July 5, A’s revocation is received by B. The result...
What is the offer is accepted?