SCMA 323 Chapter 10: Chapter 10: Agreement

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Agreement: manifestation by two or more persons of the substance of a contract. Requires mutual assent to perform current or future contractual duties. Manifestation of willingness to enter into a bargain, to justify another person in understanding that his assent to that bargain is invited and will conclude it: offeror. Party who makes an offer: offeree. Party to whom an offer has been made: requirements for an effective offer. The offeror must objectively intend to be bound by the offer. The terms of the offer must be definite or reasonably certain. The offer must be communicated to the offeree: express terms. Terms of an offer must be clear enough for the offeree to be able to decide whether to accept or reject the terms of the offer. An offer must contain the following terms. Court can supply a missing term if a reasonable term can be implied. Enough for the terms of the offer to be reasonably certain: special offers.

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