II: Mutual Assent -- Offer and Acceptance

Term
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A: IN GENERAL
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Terms in this set (127)
A: IN GENERAL
something will be here eventually
B: THE OFFER
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B: THE OFFER - 1: Promise, Undertaking, or Commitment
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B: THE OFFER - 1: Promise, Undertaking, or Commitment - a: Language
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B: THE OFFER - 1: Promise, Undertaking, or Commitment - b: Surrounding Circumstances
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B: THE OFFER - 1: Promise, Undertaking, or Commitment - c: Prior Practice and Relationship of the Parties
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B: THE OFFER - 1: Promise, Undertaking, or Commitment - d: Method of Communication - 1: Use of Broad Communications Media
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B: THE OFFER - 1: Promise, Undertaking, or Commitment - d: Method of Communication - 2: Advertisements, Etc.
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B: THE OFFER - 1: Promise, Undertaking, or Commitment - e: Industry Custom
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B: THE OFFER - 2: Definite and Certain Terms
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B: THE OFFER - 2: Definite and Certain Terms - a: Identification of the OffereeB: THE OFFER - 2: Definite and Certain Terms - a: Identification of the Offeree - ExamplesB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject MatterB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 1: Requirements for Specific Types of Contracts - a: Real Estate Transactions -- Land and Price Terms RequiredB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 1: Requirements for Specific Types of Contracts - b: Sale of Goods - Quantity Term RequiredB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 1: Requirements for Specific Types of Contracts - b: Sale of Goods - Quantity Term Required - 1: 'Requirements' and 'Output' ContractsB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 1: Requirements for Specific Types of Contracts - b: Sale of Goods - Quantity Term Required - 1: 'Requirements' and 'Output' Contracts - a: Quantity Cannot Be Unreasonably DisproportionateB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 1: Requirements for Specific Types of Contracts - b: Sale of Goods - Quantity Term Required - 1: 'Requirements' and 'Output' Contracts - b: Established Business vs. New BusinessB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 1: Requirements for Specific Types of Contracts - b: Sale of Goods - Quantity Term Required - 2: Reasonable Range of ChoicesB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 1: Requirements for Specific Types of Contracts - b: Sale of Goods - Quantity Term Required - 2: Reasonable Range of Choices - ExampleB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 1: Requirements for Specific Types of Contracts - c: Employment and Other ServicesB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 2: Missing TermsB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 2: Missing Terms - a: PriceB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 2: Missing Terms - a: Price - 1: Article 2 Gap FillerB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 2: Missing Terms - a: Price - 2: Price Fixed by Party Under Article 2B: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 2: Missing Terms - b: TimeB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 3: Distinguish -- Vague TermsB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 3: Distinguish -- Vague Terms - ExamplesB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 3: Distinguish -- Vague Terms - a: Vagueness Can Be Cured by Part PerformanceB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 3: Distinguish -- Vague Terms - b: Uncertainty Can Be Cured by AcceptanceB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 3: Distinguish -- Vague Terms - c: Focus on ContractB: THE OFFER - 2: Definite and Certain Terms - b: Definiteness of Subject Matter - 4: Terms to Be Agreed on LaterB: THE OFFER - 3: Communication to OffereeB: THE OFFER - 3: Communication to Offeree - ExampleC: TERMINATION OF OFFERC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- RevocationC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 1: Methods of Communication - a: Revocation by Direct CommunicationC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 1: Methods of Communication - a: Revocation by Direct Communication - 1: Revocation by PublicationC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 1: Methods of Communication - a: Revocation by Direct Communication - 1: Revocation by Publication - ExampleC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 1: Methods of Communication - b: Revocation by Indirect CommunicationC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 1: Methods of Communication - b: Revocation by Indirect Communication - ExampleC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 2: Effective When Received - a: When a Communication Is ReceivedC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 3: Limitations on Offeror's Power to RevokeC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 3: Limitations on Offeror's Power to Revoke - a: OptionsC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 3: Limitations on Offeror's Power to Revoke - a: Options - Example/CompareC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 3: Limitations on Offeror's Power to Revoke - a: Options - 1: Timely Acceptance Under Option ContractC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 3: Limitations on Offeror's Power to Revoke - a: Options - 1: Timely Acceptance Under Option Contract - ExampleC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 3: Limitations on Offeror's Power to Revoke - b: Merchant's Firm Offer Under Article 2C: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 3: Limitations on Offeror's Power to Revoke - b: Merchant's Firm Offer Under Article 2 - 1: Form Supplied by OffereeC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 3: Limitations on Offeror's Power to Revoke - c: Detrimental RelianceC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 3: Limitations on Offeror's Power to Revoke - c: Detrimental Reliance - ExampleC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 3: Limitations on Offeror's Power to Revoke - d: Beginning Performance in Response to True Unilateral Contract OfferC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 3: Limitations on Offeror's Power to Revoke - d: Beginning Performance in Response to True Unilateral Contract Offer - ExampleC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 3: Limitations on Offeror's Power to Revoke - d: Beginning Performance in Response to True Unilateral Contract Offer - 1: Preparations to PerformC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 3: Limitations on Offeror's Power to Revoke - d: Beginning Performance in Response to True Unilateral Contract Offer - 1: Preparations to Perform - ExampleC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 3: Limitations on Offeror's Power to Revoke - d: Beginning Performance in Response to True Unilateral Contract Offer - 2: Offeror Refuses to Accept PerformanceC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - a: Termination by Offeror -- Revocation - 3: Limitations on Offeror's Power to Revoke - e: Beginning Performance -- Offer Indifferent as to Manner of AcceptanceC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - b: Termination by Offeree - 1: Rejection - a: Express RejectionC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - b: Termination by Offeree - 1: Rejection - b: Counteroffer as RejectionC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - b: Termination by Offeree - 1: Rejection - b: Counteroffer as Rejection - 1: Distinguish -- Mere InquiryC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - b: Termination by Offeree - 1: Rejection - b: Counteroffer as Rejection - 1: Distinguish -- Mere Inquiry - ExampleC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - b: Termination by Offeree - 1: Rejection - c: Effective When ReceivedC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - b: Termination by Offeree - 1: Rejection - d: Revival of OfferC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - b: Termination by Offeree - 1: Rejection - e: Rejection of OptionC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - b: Termination by Offeree - 2: Lapse of Time - a: Must Accept Within Specified or Reasonable TimeC: TERMINATION OF OFFER - 1: Termination by Acts of Parties - b: Termination by Offeree - 2: Lapse of Time - b: Look to When Offer Is Received by OffereeC: TERMINATION OF OFFER - 2: Termination by Operation of Law - a: Termination by Death or Insanity of PartiesC: TERMINATION OF OFFER - 2: Termination by Operation of Law - b: Termination by Destruction of Subject MatterC: TERMINATION OF OFFER - 2: Termination by Operation of Law - c: Termination by Supervening Legal Prohibition of Proposed ContractC: TERMINATION OF OFFER - 2: Termination by Operation of Law - c: Termination by Supervening Legal Prohibition of Proposed Contract - ExampleD: THE ACCEPTANCE - 1: Who May Accept - a: Party to Whom Offer Is Addressed or DirectedD: THE ACCEPTANCE - 1: Who May Accept - b: Offeree's Power of Acceptance Cannot Be AssignedD: THE ACCEPTANCE - 1: Who May Accept - b: Offeree's Power of Acceptance Cannot Be Assigned - 1: Exception -- Option ContractsD: THE ACCEPTANCE - 2: Offeree Must Know of OfferD: THE ACCEPTANCE - 2: Offeree Must Know of Offer - ExamplesD: THE ACCEPTANCE - 3: Acceptance of Offer for Unilateral ContractD: THE ACCEPTANCE - 3: Acceptance of Offer for Unilateral Contract - a: Completion of PerformanceD: THE ACCEPTANCE - 3: Acceptance of Offer for Unilateral Contract - b: NoticeD: THE ACCEPTANCE - 3: Acceptance of Offer for Unilateral Contract - b: Notice - Example/CompareD: THE ACCEPTANCE - 3: Acceptance of Offer for Unilateral Contract - b: Notice - 1: Compare -- Article 2D: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral ContractD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - a: Generally, Acceptance Must Be CommunicatedD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - a: Generally, Acceptance Must Be Communicated - 1: Exception -- Waiver in OfferD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - a: Generally, Acceptance Must Be Communicated - 1: Exception -- Waiver in Offer - ExampleD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - a: Generally, Acceptance Must Be Communicated - 2: Silence as AcceptanceD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - a: Generally, Acceptance Must Be Communicated - 2: Silence as Acceptance - a: Offered ServicesD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - a: Generally, Acceptance Must Be Communicated - 2: Silence as Acceptance - a: Offered Services - ExampleD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - b: Method of AcceptanceD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - b: Method of Acceptance - ExampleD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - b: Method of Acceptance - 1: Act as an AcceptanceD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - b: Method of Acceptance - 1: Act as an Acceptance - ExampleD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - b: Method of Acceptance - 2: Offers to Buy Goods for Current or Prompt ShipmentD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - c: Acceptance Must Be UnequivocalD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - c: Acceptance Must Be Unequivocal - ExampleD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - c: Acceptance Must Be Unequivocal - 1: Distinguish -- Statements that Make Implicit Terms ExplicitD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - c: Acceptance Must Be Unequivocal - 1: Distinguish -- Statements that Make Implicit Terms Explicit - ExampleD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - c: Acceptance Must Be Unequivocal - 2: Distinguish -- 'Grumbling Acceptance'D: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - c: Acceptance Must Be Unequivocal - 2: Distinguish -- 'Grumbling Acceptance' - ExampleD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - c: Acceptance Must Be Unequivocal - 3: Distinguish -- Request for ClarificationD: THE ACCEPTANCE - 4: Acceptance of Offer for Bilateral Contract - c: Acceptance Must Be Unequivocal - 3: Distinguish -- Request for Clarification - ExampleD: THE ACCEPTANCE - 5: Acceptance Under Article 2 - a: Offers to Buy Goods for Current or Prompt ShipmentD: THE ACCEPTANCE - 5: Acceptance Under Article 2 - a: Offers to Buy Goods for Current or Prompt Shipment - 1: Shipment of Nonconforming GoodsD: THE ACCEPTANCE - 5: Acceptance Under Article 2 - a: Offers to Buy Goods for Current or Prompt Shipment - 1: Shipment of Nonconforming Goods - ExamplesD: THE ACCEPTANCE - 5: Acceptance Under Article 2 - b: Battle of the Forms - 1: Mirror Image Not RequiredD: THE ACCEPTANCE - 5: Acceptance Under Article 2 - b: Battle of the Forms - 1: Mirror Image Not Required - Example/CompareD: THE ACCEPTANCE - 5: Acceptance Under Article 2 - b: Battle of the Forms - 2: Terms Included - a: Contracts Involving a Nonmerchant -- Terms of Offer GovernD: THE ACCEPTANCE - 5: Acceptance Under Article 2 - b: Battle of the Forms - 2: Terms Included - a: Contracts Involving a Nonmerchant -- Terms of Offer Govern - ExampleD: THE ACCEPTANCE - 5: Acceptance Under Article 2 - b: Battle of the Forms - 2: Terms Included - b: Contracts Between Merchants -- Additional Terms Usually IncludedD: THE ACCEPTANCE - 5: Acceptance Under Article 2 - b: Battle of the Forms - 2: Terms Included - b: Contracts Between Merchants -- Additional Terms Usually Included - Example/CompareD: THE ACCEPTANCE - 5: Acceptance Under Article 2 - b: Battle of the Forms - 2: Terms Included - b: Contracts Between Merchants -- Additional Terms Usually Included - 1: Note -- Different Terms May or May Not Be IncludedD: THE ACCEPTANCE - 5: Acceptance Under Article 2 - b: Battle of the Forms - 2: Terms Included - b: Contracts Between Merchants -- Additional Terms Usually Included - 1: Note -- Different Terms May or May Not Be Included - ExampleD: THE ACCEPTANCE - 5: Acceptance Under Article 2 - b: Battle of the Forms - 2: Terms Included - c: Merchant's Confirmatory MemoD: THE ACCEPTANCE - 5: Acceptance Under Article 2 - b: Battle of the Forms - 3: Effect of Conditional AcceptanceD: THE ACCEPTANCE - 5: Acceptance Under Article 2 - b: Battle of the Forms - 3: Effect of Conditional Acceptance - ExampleD: THE ACCEPTANCE - 5: Acceptance Under Article 2 - c: Moment of Mutual Assent UncertainD: THE ACCEPTANCE - 6: Bilateral Contracts Formed by PerformanceD: THE ACCEPTANCE - 7: When Acceptance Effective -- The Mailbox RuleD: THE ACCEPTANCE - 7: When Acceptance Effective -- The Mailbox Rule - a: Effect of Offeree Sending Both Acceptance and RejectionD: THE ACCEPTANCE - 7: When Acceptance Effective -- The Mailbox Rule - a: Effect of Offeree Sending Both Acceptance and Rejection - 1: Offeree Sends Rejection, Then Acceptance -- Mailbox Rule Does Not ApplyD: THE ACCEPTANCE - 7: When Acceptance Effective -- The Mailbox Rule - a: Effect of Offeree Sending Both Acceptance and Rejection - 2: Offeree Sends Acceptance, Then Rejection -- Mailbox Rule Generally AppliesD: THE ACCEPTANCE - 7: When Acceptance Effective -- The Mailbox Rule - b: Acceptance by Unauthorized MeansD: THE ACCEPTANCE - 7: When Acceptance Effective -- The Mailbox Rule - b: Acceptance by Unauthorized Means - ExamplesE: AUCTION CONTRACTSE: AUCTION CONTRACTS - 1: Goods Auctioned in LotsE: AUCTION CONTRACTS - 2: When Sale Is CompleteE: AUCTION CONTRACTS - 3: Auction With Reserve or Without ReserveE: AUCTION CONTRACTS - 4: Bid on Seller's Behalf