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JDNext Exam Prep questions with correct answers 100%
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JDNext Exam Prep questions with correct answers 100%
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JD Next Exam PrepOffer
A promise to do or refrain from doing something in exchange for something else
Offer
Must be stated and delivered in a way that would lead a reasonable person to expect a binding contract
to arise from its acceptance
Lefkowitz v. Great Minneapolis Surplus Store, Inc.
"The test of whether a binding obligation may originate in advertisements addressed to the general
public is whether the facts show that some performance was promised in positive terms in return for
something requested. Where the offer is clear, definite, and explicit, and leaves nothing open for
negotiation, it constitutes an offer, acceptance of which will complete the contract."
Lefkowitz v. Great Minneapolis Surplus Store, Inc.
"We are of the view on the facts before us that the offer by the defendant of the sale of the Lapin fur
was clear, definite, and explicit, and left nothing open for negotiation. The plaintiff having successfully
managed to be the first one to appear at the seller's place of business to be served, as requested by the
advertisement, and having offered the stated purchase price of the article, he was entitled to the
performance on the part of the defendant. We think the trial court was correct in holding that there was
in the conduct of the parties, a sufficient mutuality of obligation to constitute a contract of sale."
Lefkowitz v. Great Minneapolis Surplus Store, Inc.
,"The defendant contends that the offer was modified by a 'house rule' to the effect that only women
were qualified to receive the bargains advertised. The advertisement contained no such restriction. The
objection may be disposed of briefly by stating that, while an advertiser has the right at any time before
the acceptance to modify his offer, he does not have the right, after acceptance, to impose new or
arbitrary conditions not contained in the published offer."
No, there is no language indicating an obligation by the promisor and inviting a particular performance
by the promisee.
Allen's, a furniture store, advertises Bellisimo Italian Leather sofas (red, black, brown, or beige) for sale at
$799. Is this an offer?
Yes, it is clear, explicit, and asks for a specific type of performance.
The following appeared in the Gazette, "$1,000 reward will be paid by Pill Co. to anyone who continues
to suffer from back pain after using our pills according to the directions. $10,000 is deposited with Big
Bank to show our sincerity." Is this an offer?
Unilateral Offer
An offer which may be withdrawn without notice before the acceptance by an offeree
Lefkowitz v. Great Minneapolis Surplus Store, Inc.
"The defendant contends that a newspaper advertisement offering items of merchandise for sale at a
named price is a 'unilateral offer' which may be withdrawn without notice...Such advertisements have
been construed as an invitation for an offer of sale on the terms stated, which offer, when received, may
be accepted or rejected and which therefore does not become a contract of sale until accepted by the
seller; and until a contract has been so made, the seller may modify or revoke such prices or terms."
,Unilateral Contract
A contract created by an offer that can only be accepted by performance
Acceptance
A manifestation of assent by the offeree to the terms of the offer in a manner invited or required by the
offer as measured by the Objective Theory of Contracts
Acceptance by Performance
The acceptance of an offer by performing the requested action
Ever-Tite Roofing Corp. v. Green
"This agreement shall become binding only upon written acceptance hereof, by the principal or
authorized officer of the contractor, or upon commencing performance of the work. This contract is not
subject to cancellation. It is understood and agreed that this contract is payable at..."
Ever-Tite Roofing Corp. v. Green
"The contract was accepted by the commencement of the performance of the work contracted to be
done. The commencement began with the loading of the trucks with the necessary materials at the
Shreveport and transporting such materials and the workmen to defendants' residence."
A reasonable time (depends on the context of contract and case)
If no time is specified in the offer, when does the power to create a contract by acceptance of the offer
terminate?
, Assent
The expression of approval or agreement
Consensus ad idem
All parties involved have objectively agreed to the same thing
Meeting of the minds
All parties involved have subjectively agreed to the same thing
Mutual Assent
The objective agreement by both parties to a contract
Mutual Mistake
Both parties do not objectively agree to the same thing; no consensus ad idem
The Present Commitment Requirement for Contract Formation
Each party must communicate a present commitment to forming the contract and that commitment
applies to both offers and acceptances
The Objective Theory of Contracts
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