there is a deal in an ad it does not apply to him)-Important exceptions: an offer for a specific item to a specific number of people (Think “first 50 people to call in get tickets”); an item listed at a specific price and stating “first come first serve”; rewards (like Churchill!!)-Everything above does not work for businesses acting in “bad faith”-There are businesses that do advertisements that they never intended to keepDefiniteness-Need to know what the offer was about-Have to cover most of the big points-The terms of an agreement have to be definite enough that a court can determine whether both parties lived up to their promises, in the event that a question of breach of contract arises. If the offer is too indefinite, the court is unable to do this.
-As a general rule, then, a communication must cover all major matters affecting the proposed transaction in order to constitute an offer. If one or more of these is missing, the communication is merely a preliminary negotiation-It is not necessary that every detail be set forth, so long as there is agreement on major points.-Ex. if X agrees to do certain clean-up work around a construction site for Y for $1,000, neither part can successfully contend that the agreement was too vague simply because no time of the performance was specified. In this situation, it is implied that X will have a reasonable time in which to performUniform Commercial Code (UCC)-Set of rules that seek to create consistency and understanding for all commercial transactions in all jurisdiction (all states except Louisiana)-Not gonna get too much into itCommunication of the Offer***can’t hide the important information, reasonable person should be able to see it -It is a primary rule that an offer has no effect until it has legally reached the offeree-“He is bound by all the conditions whether he reads them or not if he knows that the document contains conditions. But he is not bounded by conditions in which he is ignorant- unless he knows that the writing contains terms or unless he ought to know that it contains terms, by reason of previous dealings, or by the reason of the form, size,or character of the document.”-Newman v. Schiff-Schiff didn’t believe income taxes were a thing-Newman called into the station and recited what the deal was and was requesting his $100,000-Schiff said that offer was for yesterday-Affirmed at lower levels, affirmed at appellate court-Issues:-Was this a valid offer? Or hyperbole from some weirdo-Timing- valid at the time of the airing-Garage example: Liable as long as he ought to believe it's in there. Garage owner wouldn’t have been liable if he let the people know there were some changes in the middle of the contractTermination of the Offer-An offer can be terminated by (1) revocation, (2) rejection, or (3) lapse of time-Revocation- a withdrawal of the offer by the offeror. Like the offer itself, it is effective onlywhen it has been communicated to the offeree-
You've reached the end of your free preview.
Want to read all 27 pages?