Textbook Cases - Intent to contract offer acceptance 1 Lucy v Zehmer a If a person's words and acts judged by a reasonable standard manifest an

Textbook Cases - Intent to contract offer acceptance 1 Lucy...

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Intent to contract offer & acceptance 1. Lucy v. Zehmer a. If a person's words and acts, judged by a reasonable standard, manifest an intention to agree, it is immaterial what may be the real but unexpressed state of his mind. 2. Stepp v. Freeman a. In an implied-in-fact contract, assent is demonstrated by the surrounding circumstances, including the conduct and declarations of the parties.. 3. PFT Roberson, Inc. v. Volvo Trucks North America, Inc a. The agreement between parties on any particular term of a contract under negotiation does not give rise to a jury question as to whether there is a contract on that term alone. 4. Lefkowitz v. Greater Minneapolis Surplus Store, Inc a. A newspaper advertisement for the sale of an article which is clear, definite, and explicit, and leaves nothing to negotiation is an offer, acceptance of which will create a binding contract. 5. Continental Laboratories v. Scott Paper Co a. If either party intends not to be bound in the absence of a fully executed document, no binding contract will be formed. 6. Kortum-Managhan v. Herbergers NBGL a. A credit card “bill stuffer” is insufficient notice to cause a consumer to knowingly and intelligently waive her fundamental constitutional right to a jury trial. 7. ProCD, Inc. v. Zeidenberg a. A buyer accepts goods when, after an opportunity to inspect, he fails to make an effective rejection. 8. Beard Implement Co. v. Krusa a. Under UCC § 2-206, if an offer contained in a purchase order is unambiguous in inviting acceptance only by the signature of the offeree, no contract exists until the purchase order is signed accordingly. 9. Fujimoto v. Rio Grande Pickle Co a. Return of an executed contract to the offeror is not necessary to make the contract binding upon the offeror. 10. Day v. Caton a. If a party voluntarily accepts and avails himself of valuable services rendered for his benefit, when he has the option to accept or reject them and knows that the party rendering the services expects payment in return, even if there is no distinct proof that they were rendered by his authority or request, a promise to pay for them may be inferred. 11. Davis v. Jacoby. a. Whitehead invited the Davises (P) to help him with his business affairs and to look after his sick wife; the Davises (P) accepted by
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letter, but before they could move down, Whitehead killed himself. b. In case of doubt it is presumed that an offer invites the formation of a bilateral rather than a unilateral contract. 12. Dickinson v. Dodds a. An open offer to sell terminates when the offeree learns that the offeror has already agreed to sell to someone else. 13. Petterson v. Pattberg a. An offer to enter into a unilateral contract may be withdrawn at any time prior to performance of the act requested to be done.
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  • Fall '14
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