Chapters 8 & 9

Chapters 8 & 9 - 9 acceptance adhesion contract...

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9 acceptance 9 9 Advertisements not treated as offers to contract, but as invitations to negotiate 9 agreement 9 8 9 bilateral contract 8 certification mark 8 collective mark 8 compilations A voluntary act by the offeree that shows assent, or agreement, to the terms of an offer; may consist of words or conduct. If the offeror does not expressly authorize a certain mode of acceptance, then acceptance can be made by any reasonable means adhesion contract A standard-form contract, such as that between a large retailer and a consumer, in which the dominant party dictates the terms. written by one party and presented to another on a take it or leave it basis. In other words, the adhering party has no opportunity to negotiate the terms of the contract. Standard form contracts are often adhesion contracts In general, ads (which include catalogs price lists and circulars or flyers are treated as invitations to negotiate, not offers or contracts A meeting of two or more minds in regard to the terms of a contract, usually broken down into two events: an offer and an acceptance. *Something of value must be offered or promised to convince a person to make the deal9 Agreements to agree it is enforceable, if it is clear that both parties intended to be bound by the agreement. It is based on the intent NOT the form AntiCybersquatti ng Legislation ACRA of 1999, makes cyber squatting illegal - bad faith element - damages may be awarded. A type of contract that arises when a promise is given in exchange for a return promise. * A promise to perform * Whether the contract is Bilateral or Unilateral depends on what the offeree must do to accept the offer and bind the offeror to the contract Timeliness of acceptance must be present A mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services. * example would be the UL Tested mark and the Goodhousekeeping  seal of approval *referred to as a collective mark * the certification marks are at the end of a movie that indicate the   various associations and organization that participate in making the  movie A mark used by members of a cooperative, association, union, or other organization to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services. A worked formed by the collection and assembling of pre existing materials or of data that is selected, coordinated or arranged
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9 consideration 9 contract 9 Contract Law 9 a contract is an agreement that can be enforced in court 9 9 9 Generally, the value given in return for a promise. The consideration must be something of legally sufficient value, and there must be a bargained-for exchange. A contract can not be formed without sufficient consideration. Consideration is
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This note was uploaded on 02/01/2011 for the course BL 556 taught by Professor Lucybenham during the Fall '10 term at Walsh College.

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Chapters 8 & 9 - 9 acceptance adhesion contract...

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