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Offers - Contracts

Page history last edited by abogado 13 years, 9 months ago

Classical System of Contract Law
8. Offer:
a. Rstmt ยง24: An offer is the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.
b. Ask

i. Was there an expression of a promise, undertaking, or commitment to enter into a contract?
1. Language
2. Relationship of the parties
3. Method of communication
4. Industry custom

ii. Was there certainty and definiteness in the essential terms?
1. Identity of the offeree
2. Price
3. Time of payment, delivery, performance
4. Quantity
a. See Requirements and Output contracts
5. Nature of the work
6. Duration
7. Subject matter

iii. Was there communication of the above to the offeree?

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