Transcript Chapter 4-2

Chapter 4-2
How a Contract Begins
Bell Ringer #2
/
Read the case study on page 84.
Write down who you think should win
this case and why.
Bell Ringer #3
An advertisement in the newspaper read:
“Lava Lamps, $49.98” James went to the
store and said “I want to buy a lava lamp”.
The salesperson apologized and said the
lamps had been sold out within an hour
after the store opened.
Is this an offer or an invitation to
negotiate….explain your answer
Element #1
OFFERS
Vocab to Know
Offer - a proposal by one party to
another party to enter into a legally
binding agreement.
Offeror - Person making the offer
Offeree - Person receiving the offer
3 Basic Requirements of Offers
1.
Serious Intent-
2.
Definiteness and Certainty -
3.
Communicated to the Offeree -
about the offer.
Must be serious
parts of the offer have to be defined,
you can’t guess what they mean.
has to be communicated to the offeree
Invitations vs. Offers
Invitations to negotiate - invitations
to deal, trade or make an offer.
Ads are ITN - can’t sell items to
everyone - wait for customer to buy
the item (make an offer) storeowner
can accept/reject.
Exceptions to the Rule
Ads are considered OFFERS if they:
contain specific promises
Use phrases like “first come-first
serve”
Limit the number of items that will be
sold
Page 88 - is that ad an invitation to
negotiate or a contract? Why?
Exercise:
• Write down an offer that does not meet
all three requirements.
• Switch papers with someone.
• Write down what requirement has not
been met.
• Come up with some way to change the
scenario to make the offer valid.
Termination of an Offer
(5 Ways)
Revocation - take back the offer
1.
•
•
2.
3.
Before it was accepted
Becomes effective when it is
received/communicated to the offeree
Rejection - offeree refuses the
offer
Counteroffer - refusing the initial
offer and making your own offer.
Termination of an Offer
(5 Ways)
4.
5.
Expiration of Time - contract not made in time
specified or in a reasonable time period if no
time was specified
Death/Insanity - if the offeror dies or becomes
insane before the offer is accepted
- death ends an offer but it doesn’t end a contract
- except contracts that deal with personal service.
Element #2
Acceptance
Requirements of Acceptance
1.
Acceptance must be unconditional.
2.
Must follow the rules of the
methods of acceptance.
1. Unconditional
Acceptance must not change the terms of the
original offer in any way.
Mirror Image Rule - terms stated in the
acceptance must exactly match (mirror) the
terms of the offer.
Counteroffers
Offeror does NOT have to go along
with the change, therefore NO
contract exists!
Roles are switched, the new offeree
may accept/reject the change.
Exceptions to the Mirror Image Rule:
Primary exceptions are made by the UCC.
Contracts for the sales of goods, personal
property (clothing, furniture, food, cars,
appliances, etc…)
2. Methods of Acceptance:
The contract comes into existence at the
TIME an acceptance takes place.
when the parties are separated by DISTANCE
the acceptance then occurs when the message
is sent.
PAST PRACTICES - Authorization of an
acceptance can also be implied by any
reasonable means
Contract can SPECIFY a time it must be
accepted by, or an action must occur.
Element #3
Genuine Agreement
Genuine Agreement
agreement is true and genuine
Valid offer met by a valid acceptance
Termination of Gen. Agreement
Fraud
Misrepresentation
Mistake
Undue Influence
Economic Duress
Homework:
Questions on page 93
#1-3
Questions on page 95
#2-9