Term
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Definition
A promise to do or refrain from doing something conditioned on the offeree's power of acceptance |
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Term
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Definition
A legally enforceable promise |
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Term
Is contract law state or federal? |
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Definition
Contract law is state law |
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Term
Elements of Invalid Contracts |
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Definition
1. Death
2. Lack of consideration
3. Partial Performance
4. Indefiniteness
5. Illegality |
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Term
Four Elements of a Contract |
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Definition
Offer, Acceptance, Consideration, and Sufficient Definiteness |
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Term
Offers and Words of Promise |
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Definition
"Will" "Shall" and "Promise"
If these words are not used, the communication between the parties is an invitation to make an offer |
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Term
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Definition
1. Offeror Revokes
2. Offeror Dies
3. Offer Expires
4. Offeree Rejects the Offer (counter offer or qualified acceptance) |
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Term
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Definition
The offeror is the master of their offer and can revoke at any time before acceptance.
1. Applies to those who have actual knowledge of the original offer
2. Revocation does not have to reach the offeree
3. Revocation must have equal publicity to the original offer [OR]
4. Revocation must have the widest practicable publicity under the circumstances |
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Term
Offer Lapses by the Passage of Time (Expires) |
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Definition
Offers either specify a term, or have a term of a "reasonable" amount of time.
When the term is not specified, it is a question of fact for a jury. |
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Term
Offeree Rejects the Offer |
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Definition
A counter offer is made by the offeree to the offeror proposing a substitute offer to the initial bargain
A qualified acceptance is when the offeree purports to accept, but makes acceptance conditional on assent to additional terms |
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Term
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Definition
The voluntary exercise of power by the offeree transforming the offeror's conditional promise into a contract unless some impediment exists. |
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Term
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Definition
Traditional common law rule regarding the ability of the acceptance to differ from the offer. Variable acceptance cancels the offer. |
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