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Contracts
Contract Definitions
Question | Answer |
---|---|
OFFER | IS THE OUTWARD MANIFESTATION OF PRESENT CONTRACTUAL INTENT WITH CERTAIN AND DEFINITE TERMS COMMUNICATE TO ANOTHER GIVEN POWER OF ACCEPTANCE. |
ACCEPTANCE | IS AN UNEQUIVOCAL ASSENT TO THE TERMS OF THE OFFER. |
CONSIDERATION | WHICH IS BARGAINED FORGIVE AND EXCHANGE FOR A RETURN PROMISE REQUIRING BENEFIT OR DETRIMENT |
INDIRECT REVOCATION | KNOWLEDGE BY AN OFFEREE FROM A RELIABLE SOURCE THAT THE OFFEROR CANNOT PERFORM REQUIRES ACTS INCONSISTENT WITH THE CONTRACTS. |
COUNTER OFFER | WORDS OR CONDUCT WHICH A REASONABLE PERSON WOULD UNDERSTAND AS A REJECTION OF AN OFFER. |
REVOCATION | AN OFFEROR MAY EXPRESSLY REVOKE AN OFFER AS LONG AS IT IS COMMUNICATED TO THE OFFEREE PRIOR TO A TIMELY ACCEPTANCE IT IS EFFECTIVE UPON REQUEST. |
What does the UCC govern | Sale of Goods |
What does Common law govern | Services. |
How to keep a contract open? | OPTION. give at least a dollar to keep offer open |
Unilateral Contract | you can accept only by PERFORMING the act. |
Unilateral Acceptance | acceptance can be done in ANY reasonably Matter, Unless specified otherwise. |
Mailbox Rule | Acceptance is valid upon dispatch (if properly stamped and addressed) |
Revocation is made by _____ | Offeror |
Rejection is made by ______ | Offeree |
UCC 2-207 | Between MERCHANTS, additonal terms that are addied will be part of the agreement UNLESS 1)object in 10 days 2)material alter/arbitration the agreement 3)You must agree to all terms |
UCC 2-207 if one is merchant and the other is not a merchant what happens to the terms | they are MERE proposals to be accepted or rejected |
if terms are inconsistant what happens | KNOCKOUT RULE |