LAW 3220 CLEMSON EXAM 4 PRACTICAL
SCRIPT 2026 QUESTION SET ANALYSIS
◉ Promise to do something or refrain from doing something.
Answer: Offer
◉ an offer must show _______ by the offeror to enter in a contract
Answer: intent
◉ person making the offer
Answer: offeror
◉ an offer must express clear & specific ______ of the agreement (not
too vague)
Answer: terms
◉ an offer must show proper __________ of the offer to the offeree
Answer: communication
◉ party to whom the offer is made
Answer: offeree
,◉ Is an offer to "conduct a business for as long as it is profitable"
valid?
Answer: no
◉ Is an offer to "conduct a business so long as its books and records
show a 10% increase in company equity over company debt over the
course of 365 days" valid?
Answer: yes
◉ advertisements are generally not offers, but instead, are
invitations to ________
Ex: Ad reads: "Come in this weekend to our grand opening! We have
lots of cars for sale under $10K!" If a potential buyer goes to the car
lot and finds no car under $10K, the dealership is not obligated to
sell a car for that price.
Answer: negotiate
◉ However, the more _________ an advertisement is, the more likely it
is not an advertisement, but an actual offer.
Answer: specific
,◉ Ex: Advertisement that reads: Come in this Saturday to Furs and
Purrs! We will sell three mink coats (valued at $1,000) for $500
each. Doors open at 9AM. First come, first served.
Martha, a customer, stands outside the door of Furs and Purrs that
Saturday at 6AM and is the first customer when the doors open.
However, when she asks about the sale minks she is told that it was
just an advertisement and there aren't any sale minks available. She
files a lawsuit against Furs and Purrs for breach of contract when
they won't sell her a mink for $500. Will she likely win?
Answer: Yes because the offer was very specific.
◉ Withdrawal (revoke the offer): Offer can be revoked ________
accepted. Revocation must be communicated to the offeree.
Answer: before
◉ Offer open for a specified period of time. During that time period,
the offer cannot be withdrawn.
Answer: option contract
◉ Ex: Offer put on a house for $225,000. Offer states that it is good
for 24 hours. Buyer must keep the offer available for 24 hours.
Answer: option contract
◉ Offeree rejects the offer when she ignores the original offer and
presents a different offer.
, Answer: counteroffer
◉ When an offer states it is open until a particular time or date, the
offer terminates on that time or date if it has not yet been accepted.
Any offer presented after the expired time has *no effect* and gives
no rise to a contract.
Answer: lapse of time
◉ Ex: A lists his house for $150,000. B offers $140,000. Instead of A
accepting her offer, he ______________s with $145,000. B must now
decide to accept, reject or offer another ____________. (all same blank)
Answer: counteroffer
◉ Ex: A lists his house for $150,000. B offers $140,000 with a
stipulation that the offer is only good for 24 hours. If A does not
accept her offer within that time frame, B's offer terminates after 24
hours passes. Now it is too late for A to accept.
Answer: lapse of time
◉ If either the offeror or offeree dies or becomes mentally
incompetent before the offer is accepted, the offer terminates.
Answer: death/disability of party
SCRIPT 2026 QUESTION SET ANALYSIS
◉ Promise to do something or refrain from doing something.
Answer: Offer
◉ an offer must show _______ by the offeror to enter in a contract
Answer: intent
◉ person making the offer
Answer: offeror
◉ an offer must express clear & specific ______ of the agreement (not
too vague)
Answer: terms
◉ an offer must show proper __________ of the offer to the offeree
Answer: communication
◉ party to whom the offer is made
Answer: offeree
,◉ Is an offer to "conduct a business for as long as it is profitable"
valid?
Answer: no
◉ Is an offer to "conduct a business so long as its books and records
show a 10% increase in company equity over company debt over the
course of 365 days" valid?
Answer: yes
◉ advertisements are generally not offers, but instead, are
invitations to ________
Ex: Ad reads: "Come in this weekend to our grand opening! We have
lots of cars for sale under $10K!" If a potential buyer goes to the car
lot and finds no car under $10K, the dealership is not obligated to
sell a car for that price.
Answer: negotiate
◉ However, the more _________ an advertisement is, the more likely it
is not an advertisement, but an actual offer.
Answer: specific
,◉ Ex: Advertisement that reads: Come in this Saturday to Furs and
Purrs! We will sell three mink coats (valued at $1,000) for $500
each. Doors open at 9AM. First come, first served.
Martha, a customer, stands outside the door of Furs and Purrs that
Saturday at 6AM and is the first customer when the doors open.
However, when she asks about the sale minks she is told that it was
just an advertisement and there aren't any sale minks available. She
files a lawsuit against Furs and Purrs for breach of contract when
they won't sell her a mink for $500. Will she likely win?
Answer: Yes because the offer was very specific.
◉ Withdrawal (revoke the offer): Offer can be revoked ________
accepted. Revocation must be communicated to the offeree.
Answer: before
◉ Offer open for a specified period of time. During that time period,
the offer cannot be withdrawn.
Answer: option contract
◉ Ex: Offer put on a house for $225,000. Offer states that it is good
for 24 hours. Buyer must keep the offer available for 24 hours.
Answer: option contract
◉ Offeree rejects the offer when she ignores the original offer and
presents a different offer.
, Answer: counteroffer
◉ When an offer states it is open until a particular time or date, the
offer terminates on that time or date if it has not yet been accepted.
Any offer presented after the expired time has *no effect* and gives
no rise to a contract.
Answer: lapse of time
◉ Ex: A lists his house for $150,000. B offers $140,000. Instead of A
accepting her offer, he ______________s with $145,000. B must now
decide to accept, reject or offer another ____________. (all same blank)
Answer: counteroffer
◉ Ex: A lists his house for $150,000. B offers $140,000 with a
stipulation that the offer is only good for 24 hours. If A does not
accept her offer within that time frame, B's offer terminates after 24
hours passes. Now it is too late for A to accept.
Answer: lapse of time
◉ If either the offeror or offeree dies or becomes mentally
incompetent before the offer is accepted, the offer terminates.
Answer: death/disability of party
