Exploratory nature words like dickering are

exploratory nature words like “dickering” are preliminary
negotiations and don’t contribute as offer; neither do
requests/inquiries for information
EX: Thus, if A writes B, "Would you rent your
summer home for the month of June for $900?" and B replies,
"Yes, I accept your offer," there is no contract.
 merchandise through mail may be treated as a gift to recipient
 3 basic characteristics
 (1) has to manifest an intent to contract
 evidence in industry, custom in previous transactions,
evidence from conduct before/after alleged agreement was
made
 preliminary negotiations are not contracts
 Richard v Flowers (below)
 Advertisements are preliminary negotiations
 Unless clearly stated limited quantity (EX:3
cars for $$ until Saturday while they last, or
reward style advertisements
 Consumer protection against fake
advertisements
 Other evidence can be considered
 Leonard v PepsiCo (below)
 Auctions
 “with reserve” Put item up shows a
willingness to consider offers (ensuing bid is
an offer), not binding, free to withdraw, no
contract until accepted
 without reserve: first bid is binding contract
on seller unless higher bid
 (2) reasonable definite indication of what the offeror
and the offeree are to do- have enough info to it,
agreement of major points
 this is relative, not absolute
 UCC is forgiving of this idea, or allows it to
be determined later
 Court has to find the parties intended to
make a binding contract and
 the agreement and circumstances give the
court a reasonably certain basis for granting
an appropriate remedy
 gap fillers (page 311)
 UCC’s Open price provisions- if
price isn’t the most important it
doesn’t have to be decided upon
 UCC’s open time provisions-
“reasonable time” was decided upon