Question One : An offer is a proposal by an offeror that, if accepted, will create a contract. Offers require that the offeror make a promise. The promise can be express or implied. The offer must bargain for a return promise, an act, or forbearance and it must describe what is being offered (the subject matter) with enough certainty so that a court will not have to guess at what the offeror intended. The offer must be communicated to the offeree and it must be proven that the offeror manifested the intent to make an offer. 

Please identify the legal theory that the offeree would use to prove that an offeror ‘intended’ to make an offer and identify the elements of said theory.  

a)  If the offeror alleged that she was only kidding, the offeree would . . .

 

b)  If the offeror alleged that her proposal was merely an invitation, the offeree would . . .

Question Two : Offerors, as a general rule, have the legal right to revoke their offers.  There are however several circumstances that would prohibit the offeror from revoking the offer. Please identify each of the circumstances.  Also, provide a factual example for each.  You may use facts from the textbook, a case that you are familiar with or you may make up the example.

a)  An offer would be irrevocable if . . .

factual example: X and Y . . . . .

 

b)  An offer would be irrevocable if . . .

factual example: X and Y . . . . .

 

c)  An offer would be irrevocable if . . .

factual example: X and Y . . . . .

 

d)  An offer would be irrevocable if . . .

factual example: X and Y . . . . .

 

e)  An offer would be irrevocable if . . .

factual example: X and Y . . . . .

 

      Your failure to provide factual examples will result in a deduction of points!