LAW204 Unit 5 ass
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Jan 9, 2024
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Quoted Definition with Citation
Definition (in your own words)
Example
Offer
The offer is the critical “first step in the contract
formation process. An offer states, “This is it—if
you agree to these terms, we have a contract.” The
person who makes an offer (the offeror) gives the
person to whom the offer is made (the offeree) the
power to bind the offeror to a contract simply by
accepting the offer. But not every proposal qualifies
as an offer.” (Prenkert et al., 2022) Some proposals
are vague, for example, made in jest or thrown out
merely to open negotiations. “To distinguish an
offer, courts look for three requirements. First, they
look for some objective indication of a present
intent to contract on the part of the offeror. Second,
they look for specificity, or definiteness, in the
terms of the alleged offer. Third, they see whether
the alleged offer has been communicated to the
offeree.” (Prenkert et al., 2022)
A promise to do or not do something in
exchange for something else is delivered in a
fashion that conveys a reasonable person to
expect that they are bound to the terms within
the said contract should they accept them.
Dear sarah ramos,
It is with great pleasure that I would like to
extend the following employment offer.
Position: Graphic Designer
Start date: July 31, 2023
Salary: $18.00 per hour
This employment offer is contingent upon
successfully completing a background check,
drug screening, reference check, and I-9 form.
This offer is not a contract of employment,
and either party may terminate employment at
any time, with or without cause.
Sincerely,
Fedex print
Acceptance
“a manifestation of assent to the terms [of the offer]
made by the offeree in the manner invited or
required by the offer.” (Prenkert et al., 2022)
Accepting the terms of the contract binding the
offeree to the terms set by the offeror
Dear beth,
Thank you for this opportunity to work with fedex
office. I have reviewed the offer of employment,
and I am pleased to accept the terms and conditions
outlined in it.
Thank you again for this opportunity.
Warm regards,
sarah ramos
Bilateral Contract
“In a bilateral contract, both parties exchange promises,
and the contract is formed as soon as the promises are
exchanged.”
(Prenkert et al., 2022)
Bilateral contracts are agreements between two
parties in which each party agrees to fulfill a
respective obligation.
Employment contracts, warranties, and leases are
examples of Bilateral contracts.
Unilateral Contract
In a unilateral contract, only one party makes a promise
in exchange for something specific. (Prenkert et al., 2022)
Unilateral contracts are created by an offer that can
only be accepted via performance.
“Perks Café issues “frequent buyer” cards to its
customers and stamps the cards each time a
customer buys a cup of coffee. Perks promises to
give a customer a free cup of coffee if the customer
buys 10 cups of coffee and has his “frequent buyer”
card stamped 10x. In this case, Perks has made an
offer for a unilateral contract, a contract that will be
created with a customer only if and when the
customer buys 10 cups of coffee and has his card
stamped 10x.” (Prenkert et al., 2022)
Promissory Estoppel
Remedy “developed to aid courts in dealing with the
unfairness that sometimes results from the strict
Judicial remedy for breaching contract terms,
preventing a party from breaking their promises,
An employer promises to pay employees $25
dollars an hour, but on payday, compensation
application of traditional contract principles.” (Prenkert et
al., 2022)
and going against their word.
reflects $20 dollars an hour; in return, the court
treats the employer’s false statements as a promise,
making their promise enforceable.
References
Prenkert, J. D., Barnes, A. J., Perry, J. E., Haugh, T., & Stemler, A. R. (2022). Chapter 10/The Agreement: Offer. In Business law: The ethical, global,
and Digital Environment (18th ed.), McGraw Hill Education.
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