If offeree uses same medium as offer or one faster

if offeree uses: same medium as offer or one faster
customary medium.
Limitations on these “mailbox rules”
Not applicable if offeror specifies a different medium;
Not applicable if offeror requires actual receipt.
Not applicable if rejection is already en route
PROMISSORY ESTOPPEL : when a person makes a false statement to another and the listener
relies on what was told to him/her in good faith and to his/her disadvantage
Elements: Promisor induces the “detrimental reliance” Promisor should foresee that reliance, and
Injustice can only be avoided by enforcement of the promise.
Fraud: The intentional misleading of one person by another
Elements: the defendant made a Misrepresentation of Material Fact, the statement was Made
with knowledge of the falsity and intent to deceive, P relies on misrepresentation, injury results
Duress : wrongful act that overcomes the freewill of the consenting party
Acts or threats must be wrongful, Threats induced the contractual consent
Undue Influence : unfair persuasion, rather than coercion
Comes from dominant psychological position or Position of Trust and Confidence
3
rd
Party Beneficiary : at the time of
contracting, the parties intended a 3PB to
receive a benefit from the contract
Creditor Beneficiary : the K was made for the express benefit of a third party, who provided
consideration to one of the parties [third party can enforce]
Donee Beneficiary : the promisee’s main purpose is to confer a gift on a third party
Incidental Beneficiary : benefit received by third party is unintentional or secondary (3P cannot
enforce)
Assignments : a contracting party’s rights can be assigned and duties delegated.
Illegality:
Wagering Agreements: All states have statures relating to wagering agreements, or gambling
contracts.
Licensing Statutes: Requiring that persons who engage in certain professions, trades, or
businesses be licensed.
Usury These laws regulate the maximum interest rates that can be set for loans ,
in order to protect borrowers .
Contracts Contrary to Public Policy:
Exculpatory Clauses
Businesses and others often try to avoid this potential liability through the use of exculpatory
clauses that purport to excuse them from liability resulting from their own negligence.
Unconscionable Contracts:

Unconscionable contracts are those contracts which are so unfair to a party that no reasonable or
informed person would agree to it.