Chapter III. Making Of Offers
Description
This section is from the book "The Law Of Contracts", by Samuel Williston. Also available from Amazon: Treatise on the Law of Contracts.
Chapter III. Making Of Offers
Mutual assent must be expressed.................. | 22 |
Assent may be expressed by acts.................... | 22a |
Mutual assent is expressed ordinarily by an offer and an acceptance.......... | 23 |
Requirements of a promise.................. | 24 |
An offer is a promise...................... | 25 |
Expression of intention is not an offer.................. | 26 |
An offer distinguisghed from preliminary negotiations................ | 27 |
Agreements preliminary to written contracts.................... | 28 |
Formation of contracts at auction.......................... | 29 |
Contracts preliminary to auction sales......................... | 30 |
Tenders....................... | 31 |
General offers.............................. | 32 |
Obligations imposed by law without assent distiguished...................... | 32a |
An offer must be communicated; rewards..................... | 33 |
The whole consideration must be given after knowledge of the offer........ | 33a |
An offer by mail must be received.......................... | 34 |
Negligent appearance of assent may bind the parties though the actual offer not communicated..................... | 35 |
Offers implied in fact; contracts for services.................. | 36 |
Other offers implied in fact............................................ | 36a |
An offer when accepted must be capable of creating a definite obligation...... | 37 |
Offers and agreements indefinite as to time........................ | 38 |
Offers and agreements of service indefinite as to time..................... | 39 |
Offers and agreements defining incompletely the time of performance....... | 40 |
Offers and agreements indefinite as to price...................... | 41 |
Offers and agreements indefinite as to work or property to be given........ | 42 |
Offers and agreements where the promisor retains an option................ | 43 |
Offers and agreements in which the promisee is given an option............ | 44 |
Offers and agreements where something is reserved for future determination | 45 |
46 | |
A promise is not too indefinite if it can be made certain by reference to outside matters...................... | 47 |
A contract is enforceable though subsidiary promises are too indefinite....... | 48 |
The effect of part performance upon indefinite promises......................... | 49 |
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