Offers

Question 1

offer

Answer 1

an objective manifestation of present intent to contract

MUST give reasonable expectation to enter into k

Question 2

offer requirements

Answer 2

1. definite and certain terms: sufficient to enforce k
2. communication to identified offeree: must know of offer & power to accept

Question 3

additional CL requirements

Answer 3

1. offeree’s name
2. offer’s subject matter (incl. description of land)
3. price

Question 4

UCC offer requirements

Answer 4

quantity
NOT price

missing terms okay if parties clearly intended to enter into k and reasonably certain basis for remedy

Question 5

NOT offers

Answer 5

1. invitation to preliminary negotiations (no intent to enter k yet)
2. jest
3. anger
4. bragging purposes
5. Advertisements UNLESS highly specific
6. price quotations UNLESS previous inquiry for specific quantity (check previous practices of parties)

Question 6

ARE offers

Answer 6

1. bids
2. highly specific ad
3. price quotation AFTER quantity inquiry (check previous practice of parties)