L S 3323 Study Guide - Final Guide: Nihon Bijutsuin, Posting Rule, Contract
16 Apr 2018
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Intent of offeror to enter into a contract. Communication of that intent to the offeree. Definiteness as to the central terms that are being offered. Refers to what parties were actually thinking. What a reasonable listener would infer the party was thinking, given what was said and done. Courts interpret ambiguous language to be consistent with custom. Most ads are invitations to contract, rather than offers. Specificity decides if an ad is an offer or invitation to contract. Consider business custom when determining whether a bid is an effective offer. Those groups can expressly say its bid is not an offer but just an estimate. If bid is ambiguous or silent with regard to intent, courts usually find the bid is an offer. Sending an offer, delivery to offeree"s agent, an action such as posting a reward for return of a lost valuable. Most courts deny reward if person was unaware of reward because it was not communicated.
