One issue people often dont recognize is that in a

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One issue people often don’t recognize is that in a repetitive process upon which people base their habits, lives, etc. (they rely on it), that can become an implied contract It is implied you will continue o If somebody forgets, then he gets covered for Reliance is important Reliance combined with repetitive nature gives you an implied contract If you make a change, that change can be implemented (usually it may take place over time) o One man forgot to pay, another guy refused to pay him The second guy refused to pay, since he had gotten in an argument with the first guy He never informed the first guy that he made a change That change could not be incorporated into the implied contract An exclusion like this never happened; it was never part of the implied contract o There was implied contract based upon prior activities Case (Leftowitz) o Some ads in newspaper o Almost always, newspaper ads, catalogs, eBay listings are just invitations to deal However, they can be made offers if they are definite enough o The product for sale has a full description, and says that the first person who comes and pays a dollar receives the product Unilateral agreement – goes out to the world Unilateral requires an action Bilateral requires negotiation between people o If something is, for example, “worth up to $100” Not definite The price isn’t definite
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This is an invitation to deal o Guy comes in and tries to buy coat o Management said that it could only be sold to women only Recall that you can change offer up until the moment it is accepted The management could have put up signs on the window saying “Women only can buy the coat”, as long as the announcement was made before the offer was accepted o Courts side with the buyer Case o This is not a question of statute of frauds No one brought it up You have to raise the issues you want to raise upon If you don’t, then you can’t win upon it o Iowa has a rule that if a contract is very complex, then put it in writing A multimillion dollar national distribution process is very complex o Oral contract was not binding o
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