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LGST 101 Lecture 20

In complex contracts people go through iterations and

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In complex contracts, people go through iterations and iterations (many read- throughs) o Continental Laboratories argued that they stamped the contract and accepted it But negotiations continued onward So that proposal was not the final proposal Also, Scott wanted the contract in writing o Thus, the contract was not binding o Iowa has a statute that lists seven criteria that determine whether the contract should be in writing o Duck rule If it looks, sounds, smells like a duck, then it’s a duck If all these factors are there (the seven criteria), then it’s a “duck” o Continental loses Acceptance In general, acceptance takes place when offeror knows that it’s accepted o (Something) o Accept offer as it is written If you change terms, it’s a counteroffer Easiest, most definite way o Must communicate your acceptance – must communicate with offeror Up until then, the offeror can change contract o One exception: constructive acceptance Revolves around US Postal Service There is a presumption based upon postal service o If an offer is made through postal service (done through the mail), then the mail is the appropriate means of acceptance
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If you put that acceptance in writing, and put it in the mail, the moment that you put it in the mail, the offer is accepted One limitation is the security of the communication (safety of the transmission) If the… Have to be able to prove that your acceptance went out Must be able to show that this particular acceptance made it to the mailbox What about emails? Still changing Constructive acceptance is eliminated if you send a rejection letter So what if you change your mind – what if you send the rejection first, and then the acceptance? o Then it is whatever letter is received first But if you send the acceptance first, and then the rejection, you’re stuck with accepting because of constructive acceptance You can accept in all sorts of ways o Writing, verbal, an action o Action Recall the students who didn’t sign a contract to live in the room, but decided to live there o Courts will have two considerations especially in mind: Nobody is cheated
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