LEGL 3000 Chapter 9
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An agreement is evidenced by a single event: an offer.
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An offer must be practical to be effective.
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An offeror must have a serious intention to become bound by the offer.
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An invitation to submit bids—\"how much would you charge to do this work?\"—is an offer.
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An invitation to negotiate—\"can you afford this?\"—is an offer.
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An expression of opinion—\"your customers will like this\"—is an offer.
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A statement of future intent—\"I plan to sell my 700-pound sow\"—is an offer.
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A price list is an offer.
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An advertisement—\"this property for sale\"—is an offer.
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An auction—\"we ask you to bid on this item\"—is an offer.
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A contract lacking a quantity term, when appropriate, may not be enforceable.
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An offer may invite an acceptance to be worded in such specific terms that the contract is made definite.
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If no time for acceptance is specified in an offer, the offer terminates at the end of a reasonable time.
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A counteroffer does not terminate but continues an offer.
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An offeree's power of acceptance is terminated when the offeror dies unless the offer is irrevocable.
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An offer that a statute makes illegal automatically terminates the offer.
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An unequivocal acceptance operates as a rejection of the original offer.
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No offer can be accepted by silence.
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An acceptance subject to new conditions implicitly rejects the offer.
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If an offeror does not expressly authorize a certain mode of acceptance, then acceptance may be made by any reasonable means.
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Under the mailbox rule, an acceptance takes effect at the time it is sent.
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An e-contract must meet the same basic requirements as a paper contract.
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Terms in a shrink-wrap agreement have been enforced in the same way as the terms of other contracts.
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Browse-wrap terms are often unenforceable.
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Under federal law, an electronic document can be as enforceable as a paper one.
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The UETA covers only e-records and e-signatures relating to a transaction.
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The UETA does not apply to a transaction unless the parties agreed to conduct the transaction electronically.
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Contracting parties cannot opt out of the terms of the UETA.
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The UETA applies to all writings and signatures.
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An e-record is considered received under the UETA only if a person is aware of its receipt.
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