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Contract Law Chapter 4
Terms in this set (28)
Mirror Image Rule
requires that the terms in the acceptance must exactly match the terms contained in the offer
Last Shot Doctrine
A common law doctrine that provides where the acceptance of an express offer is implied from the offeree's performance (e.g. acceptance of the shipment and paying), the offeree, by performance, has accepted the offeror's term
in a preprinted form are those terms that are supplied by the party on the form and have not been preprinted.
"legal language" of the contract frequently pre-printed on the back of the PO. Also called "fine print" and describes the company's standard terms of purchase, standard payment terms, etc.
Definite expression of acceptance
when the offeree responds to the offeror's preprinted form with his or her own preprinted form, the offeree manifests a definite expression of acceptance when the offeree's form accepts the offeror's "bargained-for terms"
is the buyer's offer form
is the seller's acceptance form
An offeror can propose either a unilateral or bilateral contract?
The offer for a unilateral contract is a promise
If the offer is for a bilateral contract, the offeree must have knowledge of the offer before responding with a promise?
If an offer is for a unilateral contract, the offeree's performance is acceptance of the offer even though the offeree performed without learning of the offer until after completing the requested performance
The "preexisting duty" rule, which applies to consideration for the promisor's promise, does not apply to consideration for the promisee's promise or performance
Under the common law, the offeree may accept the offer without agreeing to all of the offeror's terms
Alfred sent a letter promising to purchase Jan's 1965 T-Bird for Jan's promise to sell for 5,500. Jan wrote back that she would sell for 5,500 if Alfred would let her drive it in one more road rally. Under the common law, the offer has been accepted?
The offeror is master of the offer and controls the terms of the contract?
Under the common law mirror image rule, the offeree cannot change the terms of the offer without rejecting the offer
The preprinted terms on the forms used in commercial transactions are called "armor plate"
When the offeror and the offeree say the same thing but mean different things, the party proving by a preponderance of the evidence that his or her meaning coincides with the reasonable person's perception prevails?
A mistake in understanding the terms of the offer can be resolved by considering what the average person would have meant if he or she had been placed in the situation?
The seller wrote the buyer that she would sell her bean crop to him for $3 a bushel. The buyer wrote back that he would be happy to buy her bean crop. The seller has a crop of Kentucky Wonder. The buyer things the seller has a crop of Blue Lakes. The buyer has never seen the seller's crop. If both the buyer's and seller's perception of the manifestation "bean" were reasonable, the buyer's letter would not be an acceptance of the seller's offer?
As a general rule, the offeree does not need to notify the offeror that the offer has been accepted?
If the offeree decides not to accept the offer, he or she may empower someone else to accept it?
An offer may not be directed to the general public?
The offeror may establish the method by which the offeree must accept the offer?
If the offeror does not mandate the method of acceptance, the general rules contract apply?
The "mailbox" rule is also known as the "posting" rule
Under the "mailbox" rule, an acceptance is effective when it is received in the mail by the offeror
If after an offer has been created, the offeror confers a benefit on the offeree and the offeree subsequently rejects the offer but retains the benefit, the offeror could successfully maintain a restitution cause of action against the offeree for unjust enrichment?
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