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13 Cards in this Set

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  • Back
What is an offer?
It is a promise. A manifestation of willingness to enter into a bargain so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it. The offer creates a "power of acceptance" in the offeree.
Is an expression of opinion an offer?
No. Since an expression of an opinion is not a promise it follows that it is not an offer.
Can a physician be sued under breach of contract?
Yes, The issue is whether the doctor has made a promise or stated his opinion. Courts have held that a doctor is liable under breach of a promise to cure, or obtain specified results. This is determined by whther the reasonable man test would conclude.
Is a statement of intention, hope and desire and estimates an offer?
No, a reasonable man would conclude that the party was stating his intention and not making a promise.
What is equitable estoppel?
Equitable estoppel usually requires misrepresentation, reliance, and injury.
Is an inquiry or invitation to make an offer an offer?
No. Its merely an invitation to continue negotiations. Its simply an inquiry.
Are advertisements, catalogs and circular letters offers?
Generally not, but it does not follow that an advertisement for goods never constitutes an offer. Its an offer if it contains language of promise and quantity per person.
In an auction, who is the offeror?
In an auction with reserve, the bidder is the offeror, and the contract complete when the auctioneer drops the hammer. The bidder may withdraw his bid anytime before the hammer drop. An auction without reserve, the auctioneer makes the offer and the bidder is a conditinal acceptance.
Are invitations to bid, such as with construction contractors and offer?
Similar to an auction with reserve, the request to bid is not an offer, the bid itself is the offer.
Are price quotations for "goods" an offer?
No. A price quote is commonly understood that an offer is invited. However, the complete communications may make it an offer. See Fairmount Glass Works v. Crunden-Martin.
What are preliminary negotiations?
Any communications prior to the acceptance, or prior to the operative offer.
What are examples of preliminary negotiations?
Statements of opinion, intention, hopes, desire, estimates, inquiries, invitations to make offers, advertisements, catalogs, circular letters, invitation to make bids, and price quotes.
How do you distinguish between whether a communication is prelimary negotiation or an actual offer?
Court employ the objective theory of contracts, the test is whether a reasonable person in position of the Pltff. would conclude that the deft. had made a commitment. The question is one of intent of the parties from the circumstances.