THE AGREEMENT OFFER UMD该协议提供UMD

1、the agreement: offer“there is nothing more likely to start disagreement among people or countries than an agreement.” e.b. whitet. leigh anenson, j.d., ll.m.contract law introduction to contracts the agreement: offer the agreement: acceptance consideration reality of consent capacity to contract ill

2、egality writing rights of third parties performance & remediesdefinition of an offer a promise conditional on an act, return promise or forbearance (refraining from doing something) parties to a contract offeror = makes the offer offeree = receives the offeracceptanceofferlearning objectives req

3、uirements for an offer special problems termination of an offer10 - 5parties to a contract must have (1)intent to enter binding agreement,(2) terms must be definite, and the (3) offer must be communicated to the offereeoffer requirements10 - 6courts use the objective theory of contracts:would a reas

4、onable person judge the offerors words and acts in the context of the circumstances to signify intent? lucy v. zehmernot: obviously joking, haggling, equivocatingintent10 - 7definiteness of termscommon law i.e. parties, price, subject matter, quantity, time of performance policy: id breach and give

5、remedy armstrong v. rohm & haas co.ucc open terms okay gap filling rules policy: reasonably certain basis to provide a remedy general rule: not offers (but are invitations to offer or negotiate)examples: flyers, handbills, catalogs listing prices, “for sale” ads in newspaper or yardsales puffery

6、 is not an offerleonard v. pepsico, inc. (the harrier jet case)advertisements advertisements offering rewards for lost property, information, or capture of criminals are treated as offers for unilateral contracts sellers at auctions and advertisements for bids are generally treated as making an invi

7、tation to offer, so those who bid are making an offer that the seller may accept or rejectrewards, auctions, and bidstermination of the offeraction of the partiesrevocation = any time before acceptance, except:1. option contract2. unilateral contract and offeree begins performance3. promissory estoppel4. firm offer by merchant for the sale of goods in a signed writing (ucc)rejectionsmith v. murrellcounteroffer o