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When a social invitation is made or when an offer is made in obvious jest or excitement
There is no contract
An advertisement in a newspaper is considered
an invitation to negotiate and is not an offer that can be accepted
If an offer is indefinite or if an essential provision is lacking
no contract arises from an attempt to accept it
If minor, ministerial, and nonessential terms are left for the future determination
the agreement is not to vague
When contract is to indefinite to be enforced
a court finds the intent of the parties and reaches conclusion that the contract is not indefinite
An offer and the resulting contract appearing indefinite may be made definite
by reference to another writing
An agreement may also be made definite
by reference to prior dealings of the parties and to trade practices
when agreement consists of two or more parts and calls for corresponding performance of each part by the parties
Indefinite terms often tied to concept of
good faith performance or to independent factors that will be ascertainable at some time in the future
The indefinite term might be tied to
market price, cost to complete, production, or sales requirement
Sometimes offeree performs the act called for by the offeror
without knowing of the offer's existence
Offers may be terminated by
revocation, counteroffer, rejection, lapse of time, death or disability of a party, or subsequent illegality
Ordinary offer may be revoked
at any time before it is accepted even if stated period has not expired
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