Contracts Outline (For Law School

5096 words - 21 pages

Mutual Assent (intent to contract)
- O + A (through words or conduct)
- Meeting of the minds
- To decide whether a person has the intent to contract the court looks at the
person’s outward expressions of intent and decides whether the person’s words or
acts would lead a reasonable person to believe that there was intent. A person’s
secret intent is irrelevant
- EXCEPTION: When both people know the secret intentions, there is no intent to
contract. In this case, the courts look at subjective intent
- Lucy v. Zehmer
The Offer
- What is an offer? A “yesable" proposition
1. Must be Communicated to OEE (Expressed)
2. OR must have a commitment ...view middle of the document...

Communicated (Expressed)
A. Form of Acceptance
- Acceptance is a manifestation of assent to the terms made by OEE in a
manner invited or required by the offer
- If a written acceptance unquestionably required, no other method
will bind the parties
- Unless otherwise indicated by language or circumstances, an offer
invites acceptance in any manner and by any medium reasonable in the
circumstances
- If there is no explicit method of acceptance it can be reasonably determined by OEE’s actions and conduct.
- Fujimoto v. Rio Grand Pickle Co.
B. Silence as Acceptance
1. OEE takes the benefit of offered services with reasonable opportunity to
reject them and reason to know that they were offered with the expectation of compensation
2. OR has stated or given OEE reason to understand that assent may be
manifested by silence or inaction and the OEE in remaining silent and
inactive intends to accept the offer
3. Where because of previous dealings, it is reasonable that the OEE
should notify the OR if he does not intend to accept
- Restated in Day v. Canton
a. benefit to OEE
b. payment expected by OR
c. chance to refuse
4. OEE had knowledge of OR’s conduct
- Postal Reorganization Act of 1979: Unsolicited mail
C. Knowledge of the Offer
- If the reward is an offer, you have to know about it to be accepted. This
rule holds if the reward is being offered by a private agency or person.
But, if it is being offered by a public agency (gov), the person doesn’t
have to know about it
D. Motive
- Doesn’t matter except in the case of coercion (gun to your head)
E. Mode of Acceptance
- Unilateral: A= promise exchanged for performance
- Bilateral: A= 2 promises exchanged for another
- Davis v. Jacoby
F. Effect of Acceptance
- Moment of acceptance has important legal consequence. It fixes terms of
the contract by mutual agreement
- ProCD inc. v. Zeidenberg
- UCC 2-606 (1)(6) Acceptance: buyer must have time to inspect the
goods and time to reject. If not, then there is an acceptance
- (1) Rejection of goods must be within a reasonable time after delivery or
tender
A Tender: an offer to perform, but a tender of money, in strict legal terms, means it must be accompanied by the current presentment of the exact amount due in official currency. Checks, even certified or cashier’s checks, are not sufficient

Firm (Merchant) Offer 2-295 (UCC version of option K)
A firm offer is a type of option K (making the offer irrevocable)
1. Offer to buy or sell goods
2. By a merchant (not necessarily “between” merchants)
3. in signed writing
4. Which gives assurances (i.e. this offer will remain open for 7 days)
5. Is irrevocable for the time stated, or a...

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