Term
| Typically, is a general contractor's solicitation of bids from subcontractors an offer? |
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Definition
| No. It is typically considered a solicitation for offers. |
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Term
| Typically, is a subcontractor's bid to a general contractor an offer? |
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Definition
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Term
| Typically, is a general contractor's incorporation of a subcontractor's bid into the general contractor's bid to the project owner an acceptance of the subcontractor's offer? |
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Definition
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Term
| In an auction with reserve, how does the seller accept the buyer's offer? |
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Definition
| Typically, by the fall of the hammer, but not according to all courts in all circumstances. |
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Term
| True or false: Silence and inaction in response to an offer is ordinarily considered a manifestation of assent because there is a "duty to speak." |
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Definition
| False. Typically, silence and inaction in response to an offer is not considered an acceptance. Acceptance by silence and inaction is exceptional. |
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Term
| When is silence and inaction in response to an offer considered a manifestation of assent? |
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Definition
| (1) The offeree takes the benefit of offered services with reasonable opportunity to reject them and reason to know that they were offered with the expectation of compensation; (2) the offeror stated or gave the offeree reason to understand that assent may be manifested by silence or inaction and the offeree in remaining silent and inactive intends to accept the offer [i.e., subjectively assented]; or (3) because of previous dealings or otherwise, it is reasonable that the offeree should notify the offeror if he does not intend to accept. |
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Term
| What is the "exercise of dominion" rule? |
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Definition
| When the offeree does any act inconsistent with the offeror’s ownership of offered property and the terms of the offer are not manifestly unreasonable, the offeree has manifested assent and is bound by the offer’s terms. |
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Term
| What is the rule regarding acceptance of mailed, unordered merchandise? |
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Definition
| Under federal law (which trumps the common law), the recipient of merchandise mailed to him or her without prior express request or consent has the privilege to retain, use, discard, or dispose of it in any manner he or she sees fit without any obligation whatsoever to the sender, whether in contract or quasi-contract. |
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