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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