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Lecture 3

ACTG 2P40 Lecture Notes - Lecture 3: Clean Hands, Estoppel, Standard Form Contract

4 pages134 viewsWinter 2013

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Katharine Book

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January 27, 2014
Chapter 6 & 7
Formation of Contracts
Elements of contract
oAn offer (definite)
oA definite acceptance
oA consideration
Indication of one part that they are willing to enter in to a binding arrangement with the
other part and will be bound to perform as soon as expected
oOfferor – person making the offer
oOfferee – person receiving the offer
Offer vs. Invitations to Treat
Factors to consider
- Language used (words appropriate to a premise)
- Addressed to a particular person
- Definiteness of the proposal
Basic Rules that Apply to Offers
- Knowledge (offeree must know about the offer)
- Lapse (set time, reasonable time or offer dies or becomes insane)
- Revocation (takes offer off the table, only valid once both parties know about the
revocation, offer can be revoked up until acceptance, even if promised)
- Counter- offer (responds with different offer, takes original offer off the table)
***Mere Inquiry – inquire to change the offer (similar to counter offer, but different)
Words or conduct that consent to the terms of the offer in the manner prescribed. Need
to accept the offer only in the way it’s given
Rules that Apply to Acceptance
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