Management and Organizational Studies 2275A/B Chapter Notes - Chapter 6: Standard Form Contract, The Seller, Fax

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Before a contract can be in place, the parties must be in agreement, takes form of offer and acceptance. A promise to perform speci ed acts on certain terms. Only a complete offer can form the basis of a contract. All essential terms must be set our or the contract will fail for uncertainty. An offer doesn"t have to meet the standard of perfect clarity. An offer can achieve the requisite standard of certainty even if it leaves certain matters to be decided in the future. An offer is different from a communication that it expresses a wish to do business. Invitation to treat: an expression of willingness to do business. Whether a communication is an offer or an invitation to treat depends on the speakers intention. To assist in the task of classifying whether a communication is an offer or an invitation to treat, the common law ha devised a number of rules.

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