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LGST 101 Lecture 19

O if you dealt with the person before you can use

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it more definite? o If you dealt with the person before, you can use prior contracts (prior usage) to understand something as more definite o If you discussed something with someone before, you can incorporate those prior discussions to make something more definite o Is there a standard for the industry? If so, the offer can be made definite Court wants to ensure that commerce flows, so it looks at context o When you make an offer, you have to communicate it Offer takes effect when you communicate it You can’t accept offers you’re not of aware of Can be done in many ways Direct o Talk face-to-face, email, direct mail Indirect o Third party comes to you and explains offer o How to end an offer? Acceptance or rejection is the easiest way If you accept, you have a contract, and so there is no offer If you reject, the offer is terminated When you negotiate and go back and forth, you say two things Car dealer offers for $25,000, but you say $20,000 o In doing so, you reject first offer, and make your own offer Reject offer, and make your own offer Passage of time Usually when someone extends an offer to you, they will give you a time within which you may consider After that time limit is up, the offer is terminated If you don’t specify periods of time, then the courts will o The courts will specify “ a reasonable amount of time ”, whatever that is Operation of law Laws change – what may be legal at one time may be illegal at another
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WWII o Before WWII, you could sell scrap metal to Japan, but during war, you couldn’t, due to change in law Some drugs were once legal to purchase openly, but then later this was illegal o At that point, the offer of drugs at the convenience store was terminated You can’t have an offer that goes against the law Death, or incompetence (incapacity to fulfill task) Death terminates offer Say you want to higher an architect o Say you want to hire a specific architect as opposed to the firm, and the architect dies That terminates the contact o If you higher the firm, and an architect dies, that doesn’t terminate the contract They can just send out another architect Is it an individual offer or general offer?
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