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Business Law: Ch 6

Business Law: Ch 6. Offer and Acceptance. What Must B e in a Contract. Contract – agreement between two or more parties that creates obligations Six requirements to a contract Offer and Acceptance Offeror – person making offer Offeree – person offer made too

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Business Law: Ch 6

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  1. Business Law: Ch 6 Offer and Acceptance

  2. What Must Be in a Contract • Contract – agreement between two or more parties that creates obligations • Six requirements to a contract • Offer and Acceptance • Offeror – person making offer • Offeree – person offer made too • Terms must be definite and accepted without change by the party to whom it is intended to be offered

  3. Six Requirements for a Contract • Genuine Assent – Agreement must not be based on one party’s deceiving another, on an important mistake, or on the use of unfair pressure exerted to obtain the offer or acceptance • Legality – What the parties agree to must be legal

  4. Six Requirements for a Contract • Consideration – Agreement must involve both sides receiving what the law considers value in some form as a result of the transaction • Capacity – Person must have legal ability to contract for themselves • Writing – Some agreements must be placed in writing to be fully enforceable in court

  5. Requirements for an Offer • Offer – Proposal by an offeror to do something, providing the offeree does or refrains from doing something in return. • Requirements • Contractual Intent must be present • The offer must be communicated to the offeree • The essential terms of the offer must be complete and definite

  6. Contractual Intent • Jest – Words that take the form of offers but which are spoken as a joke • Law is not concerned with what is actually in the mind of a person making what might be considered an offer • If your joke is considered an offer by a reasonable person, then you have made an offer • If you are serious about your offer, but a reasonable person interprets it as a joke, then we have no legally enforceable offer

  7. Offer Must Be Communicated • Person who is not the intended offeree cannot accept the offer • Person cannot accept an offer without knowing it has been made

  8. Essential Terms Must Be Complete and Definite • Sale of Real Estate • Proper legal description of the real estate • Price • Full term for payment • Date for delivery • Date for delivery of the deed • Essential terms must be definite

  9. 6-1 Assessment • Turn to page 113 and complete the assessment

  10. 6-1 Assessment • True • B (Genuine dissent) • True • False • False

  11. 6-1 Assessment • No contract because the offer was not communicated to the bystander. Bystanders statement is an offer. • No, social engagement not a contract • No, the credit union is not liable because of no contract. The agreement was missing essential detail. • The ad was not an offer because it did not address the problem of a limited quantity.

  12. How can offers be ended? • Revocation by the offeror • The right to withdraw an offer before it is accepted • At any time before it is accepted by the offeree, the offer can be revoked • Revocation is not effective until it is communicated to the offeree

  13. How can offers be ended? • Time stated in the offer • The offeror may state how and when the offer must be accepted • Example: On October 10, the Mercantile Bank sent a letter to Jimmy, who had applied for a loan. In the letter, Mercantile offered to lend $50,000 on specified terms and stated that the acceptance had to be in writing and received no later than October 18. Jimmy mailed his acceptance on October 17 which was not received until October 20. There is no contract

  14. How can offers be ended? • Reasonable length of time • If no time is stated, the offer will end after a reasonable length of time, which depends on the circumstances • Example: different length of time for produce and a bulldozer

  15. How can offers be ended? • Rejection by the Offeree • Offeree clearly reject the offer, the offer is terminated

  16. How can offers be ended? • Counteroffer • Offeree changes the offeror’s terms in important ways and sends it back to the offeror. • The counteroffer becomes the new offer. • Death or Insanity of either offeree or offeror • Destruction of the specific subject matter

  17. How can an offer be kept open • Option – offeree give something of value in return for a promise to keep the offer open • Firm Offer – Same as option that applies to merchants (individuals who regularly deal in the goods being bought or sold) • The UCC (Uniform Commercial Code) makes firm offers binding for the time stated, but not for more than three months

  18. 6-2 Assessment • Turn to page 117 and complete the assessment

  19. 6-2 Assessment • True • D (terminated) • Counteroffer • B (purchase of an option by the offeree) • False • Option • B • No • Firm • Yes

  20. 6-2 Assessment • Yes, Wood can still withdraw her offer even when she promised to leave it open. A firm offer or option is required to bind an offeror to the promise to leave an offer open. • No. The price in the ad was merely an invitation to negotiate. Tom is legally free to reject any and all offers. • This is a firm offer and therefore binding. • Opie has not been sold because Phil did not accept the offer without alterations.

  21. What is Required of an Acceptance • Acceptance – When a party to whom an offer has been made agrees to the proposal. • Acceptance must: • Come from the person or persons to whom the offer was made • Match the terms in the offer • Be communicated to the offeror

  22. Acceptance Communicated • Unilateral Acceptance – Offeror promises something in return for the offereee’s performance • Example: The offeror publicly promises to pay a $100 reward. • Bilateral Acceptance – Both parties promise to do something

  23. When Acceptances are Effective • The offeror may require the offeree to use a certain communication method to accept. • If a different method is used, then this is treated as a modification of the offer. • Most courts say that acceptance is effective when sent by the same means used for the offer or by faster means

  24. When Acceptances are Effective • Under UCC, the acceptance of an offer for the sale or purchase of goods is by a reasonable means, it is effective when sent. • Oral acceptance are effective at the moment the words are spoken directly to the offeror. • Acceptance sent by mail takes effect when properly posted.

  25. When Acceptances are Effective • A telegram takes effect when handed to the clerk • A fax transmission is instantaneous when the transmission lines are open and equipment is working properly • The offeror may specify that an acceptance will not be binding until it is actually received.

  26. 6-3 Assessment • Turn to page 121 and complete the assessment

  27. 6-3 Assessment • Acceptance • True • False • B (bilateral) • True

  28. 6-3 Assessment • No. The $2,000 was merely an invitation to negotiate. • No, there was not an acceptance because the mirror image rule is applied in the are of real estate contacts. Smith varies the terms contained in the original offer. • This is a contract for the sale of goods between merchants. No objection was made, so the contract is valid and enforceable with the new terms

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