This preview shows page 1. Sign up to view the full content.
Unformatted text preview: ket
value of the paint job.
But what if Peter comes over when you’re not home and paints your house? Because you
did not accept (you had no chance to decline), there is no quasi contract and Peter is out
of luck. (Peter should have taken a business law course!)
The law does slightly modify the rule in the case of emergency circumstances. If an
ambulance takes your unconscious, injured body to the hospital and doctors treat you
there, you are probably liable to pay for their services. Even though you could not
accept or decline, for obvious public policy reasons the law wants to encourage providers to give care in these situations. If they could not get paid, doctors might stop giving
emergency care! rog80328_04_c04_062-088.indd 68 10/26/12 5:42 PM Section 4.2 The Offer CHAPTER 4 4.2 The Offer A n offer must contain an unequivocal (clear, unambiguous) promise to enter into a
contract, must have reasonably certain terms, and must be communicated by the
promisor (the person making the promise) to the promisee (the person to whom the
promise is made). For example, Sam tells Ben, “I’ll sell you my car for $5,000.”
But suppose Sam instead says, “Would
you give me $5,000 for my car?” That is
not an offer, but merely an inquiry, which
might open up negotiations or lead to an
offer at some point. If Sam says, “I’d sure
like to sell my car for $5,000,” there is no
offer, because Sam is not committing to
selling it to Ben at the present time.
What if Sam owns five cars? Then the
subject matter is not certain enough to
be an offer, unless Ben knows which one
Sam intended to sell.
But if Sam only owns one car, and if Sam
says, “If you give me $5,000, I’ll sell you
my car,” Sam’s statement is unequivocal
and constitutes an offer. They will have
a contract if Ben accepts. She’s not making an offer, but merely inviting others to make
an offer to buy her car.
Dimitri Vervitsiotis/Getty Images Clear Intent: An Unequivocal Promise
An offer does not need to contain specific language such as “I promise to sell you” or “I offer
to sell you” in order to be effe...
View Full Document
This test prep was uploaded on 04/09/2014 for the course BUS 311 taught by Professor Parker during the Spring '10 term at Ashford University.
- Spring '10
- Business Law