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  • Contract Formation: Offer, Acceptance & Validity

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    Kevin Yombor
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    The document discusses various scenarios related to offer and acceptance in contract law. It asks whether an acceptance is valid given circumstances like the offeree's knowledge of the offer, whether the acceptance added or changed terms, whether the offer was still open or had become illegal or was revoked before acceptance, and whether a condition of acceptance failed to occur. It notes that under the modern rule, changes in an acceptance don't necessarily invalidate it unless the acceptance is expressly conditional on the offeror's agreement to the changes.

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    Offer Acceptance Flow Chart

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    The document discusses various scenarios related to offer and acceptance in contract law. It asks whether an acceptance is valid given circumstances like the offeree's knowledge of the offer, whether the acceptance added or changed terms, whether the offer was still open or had become illegal or was revoked before acceptance, and whether a condition of acceptance failed to occur. It notes that under the modern rule, changes in an acceptance don't necessarily invalidate it unless the acceptance is expressly conditional on the offeror's agreement to the changes.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    631 views1 page

    Contract Formation: Offer, Acceptance & Validity

    Uploaded by

    Kevin Yombor
    The document discusses various scenarios related to offer and acceptance in contract law. It asks whether an acceptance is valid given circumstances like the offeree's knowledge of the offer, whether the acceptance added or changed terms, whether the offer was still open or had become illegal or was revoked before acceptance, and whether a condition of acceptance failed to occur. It notes that under the modern rule, changes in an acceptance don't necessarily invalidate it unless the acceptance is expressly conditional on the offeror's agreement to the changes.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    OFFER & ACCEPTANCE

    Did offeree have right to accept? Did offeree know of offer at time of acceptance? Did offeree accept by performance or by promise is bilateral K? Does accept vary from terms of offer using diff or add terms?

    Acceptance is not valid.

    Is K for sale of goods?

    Acceptance is effective, even though it adds or changes terms, unless acceptance is expressly made conditional to other partys assent to changes (Battle of the Forms).

    CL Mirror Image rule- acceptance is counteroffer; Modern rule- changes dont invalidate unless, acceptance is conditional on offerors assent to new terms.

    At moment of acceptance, was offer still in effect?

    Acceptance is valid.

    Was offer irrevocable up to moment of acceptance

    Acceptance is not valid.

    Did K become illegal after offer was proposed?

    Acceptance is not valid.

    Did offeree make a preacceptance rejection or counter offer

    Did condition of acceptance under terms of offer fail to occur prior to acceptance?

    Either party die or become incapacitated after offer, but before acceptance?

    Did offeror make a preacceptance revocation of the offer?

    Did too much time lapse b/t the offer and acceptance?

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