Lapse of Time in a Contract Negotiation - PowerPoint by cuh17588

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									I. Offer – Manifestation of willingness to
   enter into a bargain with another on certain
   terms. Determined under objective theory
   of contracts
   - Offeror is “Master of the Offer”;
   A. Offer distinguished from:
      1. Statement of Future Intention
         a. Examples/discussion/rationale
      2. Request for Price Quotation
      3. Preliminary Negotiation
      4. Advertisements/Catalogues
      5. Statements Made in Jest/While
   Intoxicated
1.Acts and Events that Terminate the Power
  of Acceptance:
   a. rejection/counter-offer
   b. lapse of time
   c. revocation by offeror
   d. death/incapacity of offeror
   e. death/incapacity of offeree
   f. death/destruction of thing essential for
      performance
   g. supervening illegality
   h. non-occurrence of a condition of
      acceptance
Under the constructive notice doctrine, one person
is deemed to have received notice when the
information has been actually received by another.
[cite] In the principal case setting forth this
theory, a client/employer was deemed to have
knowledge of a demand for payment of a loan that
was actually delivered to the defendant’s attorney.
[page cite] The doctrine has never been applied to
insider trading cases, but if applicable here, Ms.
Stewart would be deemed to have knowledge of
the e-mail when it was received by her assistant.
A meeting was held by the corporation.


The corporation held a meeting.
An argument for acquittal was made by the
defendant’s attorney.
The defendant’s attorney argued for acquittal.
Testimony was given by the doctor that the
patient consented to the operation.
The doctor testified the patient consented to
the operation.
Doing it should be done by you.
Just do it.
The policy was announced by the committee.
The committee announced the policy.
A dream was had by me.
I had a dream.
Forged checks were later deposited into
defendant’s bank account.

The defendant later deposited forged checks
into his bank account.
Mistakes were made.

I made a mistake.
The three elements of an actionable false
 imprisonment claim are:

1.Intent to confine another within the
  boundaries fixed by the actor;
2. Resulting confinement;
3. Consciousness of confinement by the
  victim, or harm to the victim
The three elements of an actionable false
 imprisonment claim are:

1.Intent to confine another within the
  boundaries fixed by the actor;
2. Resulting confinement by
    a. Actual physical barriers
    b. Physical force or
    c. Threat of physical force;
3. Consciousness of confinement by the
  victim, or harm to the victim
A buyer obtains a warranty that goods are fit
  for a particular purpose is established if:

1.At the time of contracting,
2.The seller has reason to know:
  a. Any particular purpose for which the
  goods are required; and
  b. The buyer is relying on the seller’s
  skill or judgment to select or furnish
  suitable goods;
3. Unless the warranty is modified or
  excluded under § 2-316.
A post-employment restrictive covenant will
  be upheld if:

1. It is ancillary to:
  a. A valid employment contract; or
  b. A valid employment relationship; and
2. It is supported by adequate consideration;
  and
3. It is reasonable in scope both:
  a. Geographically and
  b. Temporally; and
4. It is necessary to protect a legitimate
  business interest of the employer.

								
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