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Kubasek Dynamic Business Law Chapter 14

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Question
Answer
Elements of the offer   A valid offer requires 1. the manifestation of the offeror's intent to be bound, 2. definite and certain terms, 3. communication to an offeree.  
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Termination of the offer   An offer can be terminated be revocation by the offeror, rejection or counteroffer by the offeree; death or incapacity of the offeror; destruction or subsequent illegality of the subject matter of the offer; or lapse of time or failure of other conditions  
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Acceptance   an acceptance is valid when a menifestation of intent to be bound to the terms of the offer is communicated to the offeror by the offeree.  
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offer   manifestion of present contractual intent with sufficent cetainity of terms to enable the offeree to accept.  
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Offeree can ______ a Contract   Accept, Reject, counter offer  
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Counter Offer   offeree become offeror  
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Intent   The intended purpose or goal of an action.  
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Advertisements   Advertisments are not Valid Offers  
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interpretation of contracts   Plain meaning rule  
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Silence   Not a form of acceptance  
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Mirror-image rule   A principle which holds that the trms of an acceptance must mirror the terms of the offer.  
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Definite and certain terms   the requirement, under common law, that a contract must include and clearly define all material terms.  
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material terms   the terms that allow a court to determine what the damages are in the event that one of the parties breaches the contract; include the subject matter, quanity, price, quality, and parties.  
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rejection   Termination of a contract that occurs when an offeree DOES NOT accept the offer or terms of the contract.  
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revocation   Termination of a contract that occurs when an offeror TAKES BACK the initial offer and annuls the opportunity for the offeree to accept the offer.  
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Termination of contract   The point at which an offer can no longer be acepted as part of a binding agreement.  
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Created by: tinafici
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