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Contract Formation (Termination (Counteroffer (Offeree accepts but adds or…

- - - - Cannot change his mind
        
        Said wanted time to think it over
  - - - End of phone call, end of face-to-face
- - - - Terms sufficiently detailed and directed
- - - - Prior conduct give offeror reason to believe that it is
      - Offeree intends to accept by silence
      - Offeree takes benefit of offer
      - Offer says silence is acceptance
    - - Explicit or implicit (mail/mail, email/email)
  - - - Acceptance takes effect when accurately posted
  - - - acceptance=promise to perform
    - - acceptance=performance
- - - - promisor doesn't have to gain
      - promise doesn't have to lose
- - - - Additional terms materially alter the contract
      - Offeror has already objected to them or objects w/in a reasonable time.
      - Offer limits acceptance to its terms
  - - - Terms on which parties agree
      - Supplemental terms from U.C.C. is necessary
      - If price not agreed to, fair market value
        
        What a willing buyer would pay a willing seller under regular market conditions without either party under compulsion