Unformatted text preview: item offered in the advertisment. Contentions of Defendant A newspaper advertisement is a “unilateral offer” when asking a certain price and may be revoked without any notice. The offer was modified by a “house rule” so that only women were able to purchase the items. Issue(s) Does the advertisement constitute a legal offer and if so, does the plaintiff’s conduct warrant an acceptance? Holding YES. Rule(s) The test for determining a binding contract is to see whether the facts contained within the advertisment so what some performance was promised in positive terms in return for something requested. Rationale The language which the advertisement contained was very explicit, clear, defined, and did not leave any questions as to the negotiation of a deal. There were stipulations regarding the performance of the contract (i.e. being the first there) which the plaintiff followed. Result AFFIRMED...
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This note was uploaded on 06/15/2009 for the course LAW 577 taught by Professor Staff during the Spring '08 term at Arizona.
- Spring '08