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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- Fall '08
- Miller
- Chicago Medical School, Steinberg, Court of Equity, School
-
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