LAW 610 Chapter Notes - Chapter 13: Click Wrap, Divisor, United States Postal Service
Document Summary
Chapter 13 formation of contracts: offer and acceptance. Decide whether an offer contains definite and certain terms. Explain exceptions the law makes to the requirement of definiteness. Explain all the ways an offer can be terminated. Explain what constitutes the acceptance of an offer. Explain the implications of failing to read a clickwrap agreement. An offer expression of an offeror"s willingness to enter into a contractual agreement. A promise conditional upon an act, a forbearance (refraining from doing something one has a legal right to do), or a return promise. Requirements: contractual intention, definiteness, communication of offer to offeree. To make an offer, the offeror must appear to intend to create a binding obligation. Whether this intent exists is determined by objective standards. Test for a valid, binding offer is whether it induces a reasonable belief in the offeree that they can bind the offeror by accepting it. Preliminary discussion or an invitation to negotiate is not an offer.
