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1. |
6 elements of a c |
1. offer 2.acceptance of the offer 3.intention to create legal relations 4.consideration 5.certainty 6.capacity |
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2. |
mutual assent |
meeting of the minds |
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3. |
consideration |
price of the promise -bilateral? |
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4. |
capacity of parties |
legally able to enter k |
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5. |
legality of subject matter |
subject matter of k is legal |
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6. |
meeting of the minds |
1. intention of parties 2. reasonable man test |
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7. |
intention of parties |
must be intentional meeting of the minds but how to prove? -mere jest problem |
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8. |
reasonable man test |
subjective test to prove intention of parties -would a reasonable person have through that I wanted to enter into K in this situation |
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9. |
mutual assent |
voluntary reasonably definite understanding between 2 persons or companies |
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10. |
1. offer 2. acceptance |
objective manifestation of meeting of the minds |
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11. |
offer |
voluntary, reasonably certain, conditional undertaking |
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12. |
conditional undertaking |
if... then... |
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13. |
offeror |
person who makes the offer |
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14. |
offeree |
person to whome the offer is made even if not accepted |
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15. |
offeror |
seller |
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16. |
offeree |
buyer |
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17. |
invitiation to offer |
preliminary negotiations, not a serious offer -mail order catalouges, purchase proders, website announcements, Del |
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18. |
buyer becomes offeror & seller is offeree |
result of invitation to offer |
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19. |
advertisements |
usually invitiations to offer -offeree doesn't have to accept every offer made to it |
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20. |
was ad specific enough to be offer instaead of invitation to offer? |
test of invitation or offer |
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21. |
ad about mittens to females, was an offer, sent letter of when and how much |
lefkowitx v. Great Minn Surplus Store |
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22. |
offer |
specifies who what when how many |
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23. |
1. performance 2. termination by act of parties 3. termination by operation of law |
termination of offers |
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24. |
performance |
most common termination |
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25. |
revocation, option, rejection, counter-offer, lapse of time |
termination by acts of parties |
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26. |
revocation |
offeror can revoke anytimes prior to acceptance |
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27. |
option |
k in which offeror agrees not to revoke his offer for a certain time period -give you until weds |
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28. |
rejection |
automatically terminates the offer |
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29. |
counter-offer |
reverses offeror/offeree position |
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30. |
lapse of times |
after time provided in k or a reasonable time thereafter |
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31. |
death, destruction of subject matter, intervening illegality |
termination by operation of law |
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32. |
intervening illegality |
becomes illegal before accepted |
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33. |
acceptance-mirror image |
unconditional agreement to the offer |
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34. |
rejection and maybe counter offer |
if not mirror image acceptance then... |
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35. |
counter offer |
reverses parties' positions |
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36. |
silence usually doesn't constitute acceptance |
silence general rule |
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37. |
when there is a duty to speak and there is silence, then silence= acceptance |
exceptions to silence general rule |
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38. |
mailbox rule |
if acceptance by a reasonable medium- acceptance at time of dispatch by offeree |
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39. |
receipt by offeror |
if acceptance not by a reasonable medium then acceptance is at the time of... |
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40. |
cushing v. thompson |
new hampshire national gaurd |
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41. |
faxes and email |
k will specify when because unclear |
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42. |
notification, revocation |
acceptance of unilateral contracts |
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43. |
notification |
no, because accepting begins at time offeree starts performing but acceptance doesn't occur until completed performance |
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44. |
revocation |
anytime prior to completion of acceptANCE? - general rule= yes but may have already started accepting so NO -from beginning of acceptance & for a REASONABLE time thereafter, can't revoke |
