Were The Terms Communicated To The Offeree?

Front 1

WERE THE TERMS COMMUNICATED TO THE OFFEREE?

Back 1

Acceptance is usually valid only if the offeree knows of the offer at the time of his alleged acceptance

Front 2

According to the Restatement

Back 2

“It is essential to a bargain that each party manifest assent with reference to the manifestation of the other”

Front 3

In terms of REWARDS

Back 3

Where a reward is offered for a particular act, a person who does act without knowing about the reward cannot claim it.

Front 4

Cross Offers without knowledge of original offer

Back 4

the requirement that an accepting party know of the offer, and be responding to it, means that cross offers, even if they match precisely, will not create a contract.

Front 5

Subsequent performance as creating a contract

Back 5

In sale of goods, a contract may result even though the offers cross. This can happen if the subsequent conduct of both parties “recognizes the existence of a contract. 2-207”

Front 6

Objective manifestation is what counts

Back 6

As long as the offeree’s conduct leads the offeror to reasonably conclude that the offeree knew of the offer, it does not matter that subjectively the offeree was unaware of the offer.
• Acceptance of unknown terms- An offeree can by her actions bind herself to an offer even though she is ignorant of certain of its terms. If her conduct reasonably leads the offeror to conclude that the offer has been accepted.

Front 7

Offers proposing a series of contracts

Back 7

The court will decide whether the offer contemplates one or several contracts by judging what a reasonable person in the position of the offeree would think. This is important for purposes of revocation of the offer as well as for consequences of a breach.