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    • Contracts
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28 Oct 2015

Contracts – Offer/Acceptance Pt. 1

 

 

  • Parties need to agree on having a promise and having it legally enforceable.

Meeting of the Minds

  • Every contract must have a meeting of the minds.
  • Mutual Assent: Both parties must agree upon various terms, consideration, expectations, binding quality.
  • Consideration/terms must be something that one can objectively and reasonably believe.
    • Ex. Reasonably believe a Monet painting for $200K is by Claude Monet, not by sister with Juliet Monet.
  • Context
    • The norm, or what is usually done between two parties
    • Industry terms: ex. Barrels of wine, bushels of apples
    • Reasonable person in that position
      • Reasonable person would believe a Monet painting to be by Claude Monet.

Offer

  • Manifestation of willingness to create a contract
    • Language
    • Context (clothes with price tag)
    • Industry customs
    • Previous dealings
    • Method of communication

 

Filed Under: Contracts Tagged With: Contracts, Law, Meeting of the Minds, Mutual Assent, Offer

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