33:140:320 Lecture Notes - Lecture 9: Mirror Image, Overnight Delivery, Posting Rule
Document Summary
Offer: a promise or commitment to perform or refrain from performing some specified act in the future. Intention: intention is determined by what a reasonable person in the offerees position would concluded the offerors words and actions meant, not what the offeror had in mind, expressions of opinion. An expression of opinion is not an offer because it does not demonstrate an intention to enter into a binding contract. Doctor says to patient, i think your hand will heal in a week or so. 2 months later it is still not healed, not a contract: statements of future intent. Statement of an intention to do something in the future is not an offer. (cid:862)i plan to sell (cid:373)(cid:455) sto(cid:272)k (cid:449)he(cid:374) the p(cid:396)i(cid:272)e (cid:396)ea(cid:272)hes 5(cid:1004)(cid:863: preliminary negotiations. A request or invitation to negotiate is not an offer; it only expresses a willingness to discuss the possibility of entering into a contract.
