after the passage of a time stated in the offer as being its duration List of

After the passage of a time stated in the offer as

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after the passage of a time stated in the offer as being its duration List of the circumstances or factors that the courts consider in reaching an answer in a given case 1. the language used in the offer 2. means of communication used by the offeror 3. prevailing market conditions
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4. method by which the parties have done business in the past Case: Ward v. Board of Education (1930) Ward received her offer of employment on June 18 and mailed her acceptance on July 5 Court ruled that the offer had lapsed prior to July 5 and therefore there was no contract o Termination by Operation of Law Certain events terminate an offer automatically 1. death or adjudication of insanity of either party 2. destruction of the subject matter of the contract 3. intervening illegality Termination by operation of law does not generally apply to options because it is a contract itself The acceptance o Requirements of the acceptance An acceptance is an expression on the part of the offeree by which he or she indicates a definite intent to be bound by the terms of the offer The acceptance must be a “mirror image” of the offer If the acceptance varies from the terms of the offer in any way it constitutes a counteroffer An acceptance: 1. must demonstrate a definite, present intent to accept the offer 2. must be unconditional and not add any terms that are additional to or different form those of the offer 3. must be legally communicated to the offeror or to the offerors agent o Requirement of a definite indication of intent to accept Both parties must manifest a definite intent to be legally bound to a contract on reasonably definite terms Silence Silence on the part of the offeree therefore does not usually constitute an acceptance Reasons for this view: 1. the view is consistent with the basic idea that any willingness to contract must be manifested in some fashion 2. it substantially prevents an offeree from being forced into a contract against his or her will If an offeree initially indicates that silence on his or her part can be taken as an acceptance there is no reason why that person should not be bound by the statement o Requirement that an acceptance be unconditional and not add to or change the terms of the offer When an attempted acceptance changes the terms of the offer it becomes a counteroffer and a rejection rather than an acceptance Case: Lucier v. Town of Norfolk (1923) Lucier was bus driver that wanted $175 per week for driving the bus they said that they would pay him $35 per day they thought it was the same thing but it turns out that they didn’t match up Lucier refused to
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sign the contract and therefore the board refused to higher him and hired a third party Lucier said that he wanted damages for breach of contract saying that the contract was formed on his terms and was breached by the school
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