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8 Cards in this Set
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§ 27. Existence Of Contract Where Written Memorial Is Contemplated |
Manifestations of assent that are in themselves sufficient to conclude a contract will not be prevented from so operating by the fact that the parties also manifest an intention to prepare and adopt a written memorial thereof; but the circumstances may show that the agreements are preliminary negotiations.
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§ 30. Form Of Acceptance Invited |
1) An offer may invite or require acceptance by an affirmative answer in words or performance. 2) An offer invites acceptance in any manner and by any medium reasonable in the circumstances unless otherwise indicated. a) Offereror may indicate the quantity to be filled in by offeree. b) Offerer is entitled to specify the mode of manisfestation of intent to accept offer.
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§ 32. Invitation Of Promise Or Performance |
Someone only expects to be bound if the other party renders the return performance or binds himself by his words or partially performers. Performance as a whole could take time but starting the performance could mean the party will complete the promise. Offer could be limited to performance. There must be an act showing the performance. An offer should be interpreted as an invitation to accept by a promise the perform or a performance. |
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§ 32. Invitation Of Promise Or Performance |
In case of doubt an offer is interpreted as inviting the offeree to accept either by promising to perform what the offer requests or by rendering the performance, as the offeree chooses. |
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§ 33. Certainty
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1) Manisfestation of intent is not always clear unless it is reasonably certain. 2) If the contract has terms that includes a breach and a remedy for the breach. 3) The terms that are vague could be interpreted as those terms are not part of the offer or acceptance. |
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§ 24. Offer Defined |
Manisfestation of willingness to enter a bargain and the other person understands his assent will conclude the contract. |
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§ 25. Option Contracts |
Limits the revoking power of the promisor. Once promise completes performance, consideration is satisfied and contract is formed. |
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§ 26. Preliminary Negotiations
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The actor intends to make a bargain in the future, but only if he makes some further manisfestation of assent. A store advertising is an invitation to take action. It does not become an offer until there is something specific an offeree is supposed to do. |
