BFE
Factors of the objective test
Clarity of representation, seriousness, writing, level of detail, relationship of the parties, prior dealings, industry customs, urgent need
Fact that triggers this theory
Other names
What is unjust enrichment, quantum meruit, and contract implied in law
Exception to general rule (also fact that triggers rule)
What is that considers recovery for past consideration
Fact that triggers option contracts
Any promise to keep the offer open
Person that ends up in better position because of the promise
What is the element of detriment fails
Fact that triggers this theory
What is when there is no promise
Triggers of each version
Bi-lateral contract
What is a promise for promise and any ambiguity will result in courts find a bi-lateral contract
Mirror image rule
What is under the content of acceptance, any minuscule but not immaterial change results in a rejection of the offer and results in a counteroffer (NOT UNDER UCC)
Two approaches to clear and definite for legally valid promise
Exception to the rule about professionals
What is professionals expect compensation for the work that they do UNLESS they are friends then could argue they did not expect compensation
Strict (Mills) version
What is pre-existing obligation that has become inoperative as a matter of law and subsequent express promises.
Uni-lateral contract conditions
What is contracts can only be accepted when performance is completed; offers for rewards, contests, standard insurance contract, "at will" employment; must be clear IF and ONLY IF
Exception to the rule that ads are not offers
What is: limits number of people who can accept, invites performance, or communicates willingness to commit
Plaintiff changes position in reliance on the promise
What is the Actual Reliance element
Sub elements of not acting officiously
Flexible (webb) version
What is promisor received a material benefit from promise, has moral obligation to compensate them AND makes subsequent promise to pay
Offer can become irrevocable if
What is a true option contract, firm offer (UCC), reasonable reliance, or part performance of a unilateral contract (suspends with option)
Exception to the rule that silence is generally not an acceptable mode of acceptance
What is if parties explicitly agree, past dealings (implicit from facts), offeree retains the benefits of the contract
Pre acceptance reliance
The ability of D to pay
What is will not be considered when considering whether benefit was conferred
What is statute of limitations has run and debts of bankrupts
Part performance of unilateral contract
What is option will last long enough to give offeree reasonable time to perform fully, mere preparation (buying supplies) is not part of performance, doesn't need to be substantial performance