BALW20150 Chapter Notes - Chapter 12: Posting Rule, Electronic Signatures In Global And National Commerce Act, Browse Wrap
23 Feb 2017
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Offer= a promise or commitment to do or refrain from doing some specified action: elements for effective offer: Offeror must have a serious intention to become bound by the offer. The terms of the offer must be reasonably certain/definite, so that the parties and the court can ascertain the terms of the contract. The offer must be communicated to the offeree. Offers made in obvious anger, jest, or undue excitement do not meet the serious- and-objective-intent test. Emphasis on the parties" intents complete and unambiguous statement of the parties" desire to be in court if the parties have agreed on all essential terms and no disputed issues remain to be resolved. Ex. email between amazon and other company found to be binding b/c amazon intended to be bound by the terms of the email was a: preliminary agreements are increasingly being considered a binding contract. Communication ordinarily, one can"t agree to a bargain without knowing that it.
