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Contracts Course Study

In: Business and Management

Submitted By jaugustin92
Words 6474
Pages 26
UNCONTRACTS- Ways to avoid contractual liability other than simply performing the contract.
There was no offer-KOON hypo GROG hypo 1. A reasonable person would know I really was joking (objective standard) a. See Lucy (applying the objective standard of assent and holding there was an offer even in the face of many facts that pointed the other way) b. See Pepsico (holding no offer since item offered to large, military use, and expensive to objectively manifest a real offer) 2. That was not an offer but just a preliminary negotiation c. It was just a price quote i. SEE Owen v. Tunison (holding a price quote of “the least I could take” was not an offer) d. I was just telling you I am willing to sell it, but no offering it to you ii. SEE Harvey v. Facey (holding “lowest price is X” was not an offer when asked if willing to sell item) e. BUT if there is a price quote and quantity, then offer iii. SEE Fairmount Glass Works (holding offer where per unit price and quantity where specified along with “for immediate acceptance”) f. If liable to over-subscription, maybe not offer iv. SEE Kershaw (holding price quote sent to many buyers was a pre-offer since subject to over-subscription by many potential buyers) g. Advertisements are not offers, unless limited in some way 1. But check to see if award also v. SEE Lefowitz (holding an advertisement was an offer since it was limited by first come first serve clause and the ad left no room for further negotiations)
There was no acceptance DOG hypo, THE BAVARIAN hypo, Football hypo 1. The offer was not meant to be communicated to you. a. You are not the offeree or his agent b. You got the offer, but I did not intent it for 2....

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