Contracts Essay 2 Exam

Topics: Contract, Offer and acceptance, Contract law Pages: 3 (812 words) Published: November 12, 2014
Issue: Does Pete have an enforceable contract with Debbie?

Rule : : Contract formation requires mutual assent (offer and acceptance), consideration, and no viable defenses to contract formation.

1. Is there a valid offer? Offer an offer is the manifestation of a willingness to enter into a bargain, in must be done in such a way that another person should understand that his assent to that bargain is invited and will conclude in forming a contract. Pete has to show that Debbie made a promise to him something in exchange for him to do or not to do something than a valid offer will be proven Was there a valid offer made when Debbie put an ad in newspaper stating her company Party line will rent tables and chairs for the low price of $1? Rule : An advertisement is generally not an offer but an invitation to offer where the language is not specific as to quantity and number of offerees. Ads generally lack any express or implied promise to be bound to the terms in the ad and will not sufficiently demonstrate the advertiser’s intent to enter into a contract. Unless an ad is very specific as to quantity and number of offerees such that someone who read the ad could reasonably assume the ad was intended to give them the power to accept. Debbie’s add initial add in the newspaper does not constitute an offer to sell. It does not contain sufficient words of commitment to sell. Debbies add did not limit the number of possible offerees who could accept and it would be unreasonable for Pete who read the ad to assume that it created the power of acceptance. Was there an second offer by Debbie to Pete.

Offer
2. Is there a valid offer? Offer an offer is the manifestation of a willingness to enter into a bargain, in must be done in such a way that another person should understand that his assent to that bargain is invited and will conclude in forming a contract. Pete has to show that Debbie made a promise to him something in exchange for him to do or not to do...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Contracts Essay
  • Essay about Contracts
  • Contract Essay
  • Contracts Essay
  • Contracts Bar Exam Outline Essay
  • Contracts Essay One
  • Contract Law Exam 2010 Essay
  • Business Law Contracts Essay

Become a StudyMode Member

Sign Up - It's Free