GOVT 404 Constitutional Law
Examination
⏹ What is an Offer? Answer: Communication by offeror to offeree of
intent to be bound by contract
⏹ What component of an Offer is critical? Answer: The component of
Inent is vital to the definition
⏹ What are the Requirements for a Valid Offer? Answer: - Offeror must
have objective intent
- Offer must be definite and Certain
- Offeror must Communicate the Offer
⏹ What component of Offers was evaluated as case law developed?
Answer: The courts began to evaluate Objective Intent as case law
developed
⏹ How can the courts determine Intent of an offer? Answer: The courts
use the "Reasonable Persons" test
⏹ What are Preliminary Negotiations? Answer: The back and forth
banter between a seller and a buyer where they search for an offer
- The preliminary negotiation and final offer are completely separate
from each other
, ⏹ What is the Reasonable Person standard? Answer: It suggests that
words, conditions, and time period are given their ordinary meaning -
not their technical meaning - that an ordinary and reasonable person
would understand the terms to be
- Has offeror communicated a belief to the offeree that would induce an
offeree to believe
⏹ What must an Offeror have for an Offer to be viable? Answer: The
Offeror must have serious, objective Intent
⏹ Can Preliminary Negotiations be held to the same standard as an
Offer? Answer: Prelim Negotiations lack the requisite intent and lack
commitment to be a bona fide offer, thus they are considered proposals
⏹ What was the Issue and Holding of Zehmer? Answer: Issue: DO the
Zehmer's have a specific performance to uphold to the Lucy's?
Holding: The Zehmer's must perform the contract because even though
Zehmer may have been amking the offer in jest, Lucy was warranted in
believing that the transaction was serious due to how Zehmer carried
himself
⏹ Where are Proposals and Invitations commonly seen? Answer: These
proto-offers are usually seen in offers to bid on procurement or
construction projects
Examination
⏹ What is an Offer? Answer: Communication by offeror to offeree of
intent to be bound by contract
⏹ What component of an Offer is critical? Answer: The component of
Inent is vital to the definition
⏹ What are the Requirements for a Valid Offer? Answer: - Offeror must
have objective intent
- Offer must be definite and Certain
- Offeror must Communicate the Offer
⏹ What component of Offers was evaluated as case law developed?
Answer: The courts began to evaluate Objective Intent as case law
developed
⏹ How can the courts determine Intent of an offer? Answer: The courts
use the "Reasonable Persons" test
⏹ What are Preliminary Negotiations? Answer: The back and forth
banter between a seller and a buyer where they search for an offer
- The preliminary negotiation and final offer are completely separate
from each other
, ⏹ What is the Reasonable Person standard? Answer: It suggests that
words, conditions, and time period are given their ordinary meaning -
not their technical meaning - that an ordinary and reasonable person
would understand the terms to be
- Has offeror communicated a belief to the offeree that would induce an
offeree to believe
⏹ What must an Offeror have for an Offer to be viable? Answer: The
Offeror must have serious, objective Intent
⏹ Can Preliminary Negotiations be held to the same standard as an
Offer? Answer: Prelim Negotiations lack the requisite intent and lack
commitment to be a bona fide offer, thus they are considered proposals
⏹ What was the Issue and Holding of Zehmer? Answer: Issue: DO the
Zehmer's have a specific performance to uphold to the Lucy's?
Holding: The Zehmer's must perform the contract because even though
Zehmer may have been amking the offer in jest, Lucy was warranted in
believing that the transaction was serious due to how Zehmer carried
himself
⏹ Where are Proposals and Invitations commonly seen? Answer: These
proto-offers are usually seen in offers to bid on procurement or
construction projects
