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Written Quiz2 - Bus 207 Perello Question 3 A First the jury...

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Bus 207 Perello Question 3 A. First, the jury would have to decide whether or not if Bob, the offeror, met all the requirements of making an offer effective. First element necessary: There must be a serious, objective intention by the offeror. Well according to Miller and Jentz text book, “offers made in obvious anger, jest or undue excitement do not meet the serious-and- objective-intent test”. In reality, Bob could just be posting flyers up around the neighborhood to earn some extra cash therefore his intentions had an objective which makes the offer effective. However, there is a possibility Bob could have gone absolutely nuts from his huge fight with his wife and was so angry he decided to go paint people’s curbs without thinking thoroughly with his services. This would not make the offer effective but there is not enough information to justify. Second element necessary: The terms of the offer must be reasonably certain, or definite, so that the parties and the court can ascertain the terms of the contract. The definiteness of the terms in the oral contract may be arguable. Bob does not state specifically when of Joe’s acceptance does the 48 hours start. Does the 48 hours begin once Joe accepts with the consent of Bob or just when Joe accepts without the consent of Bob? The given situation does not specify so therefore we do not know really know. Third requirement: The offer must be communicated to the offeree.
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