UGBA 175 Chapter Notes - Chapter 10: Estoppel, Meeting Of The Minds, Contract

• School: Berkeley
• Department: Business Administration Undergraduate Program
• Course: UGBA 175
• Professor: Alan Ross Alan

Document Summary

Makes proposal by words or conduct, the other part agrees by words and conduct. Law applies an objective standard: only concerned with assent, agreement or intention of party as it reasonably appears from the words or actions, not what they actually thought o meant. Jokes/ promises made under obvious excitement or emotional strain not offers: distinguish offers from language that merely solicits/ invites offers! (1) preliminary negotiations. If a communication does not create in the reasonable mind in the position of offeree an expectation that acceptance concludes a contract prelim negotiations. Parties request or supply terms of offer that may or may not be given. Statements expressing willing to make an offer (not an offer) (2) advertisements. Ads are simply inviting the public/ audience to make offers to the merchant to buy goods. Not offers because they do not contain and promise and leave unexpressed terms necessary to make a contract.