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(Look at the first communication - is it an offer? (Is it a generic…
Look at the first communication - is it an offer?
If your great aunt ethyl would correctly recognize it as an offer, identify it and move on
Is the language vague or the terms scanty?
Recite a rule and discuss objective manifestation of an intent to be bound
Is it a generic communication to the population at large?
Recite the rule for advertisements generally NOT being offers
Is there a way to limit over-contracting (first-come first serve; valedictorians of XYZ school only, etc.) I.e. the offer must be limited to a specific individual or group of individuals.
Are the terms sufficiently definite (quantity for UCC; more for common law)
Is the offer still open
Is there anything that would prevent the offer being revoked?
Option contract
Merchant's firm offer
Bid made in reliance on the offer
Did it die of its own accord
Death of offeror/offeree
expiration of stated period
passage of a reasonable period of time
Did the offeror terminate it?
Expressly by communication to the offeree
Indirectly by action inconsistent with the offer remaining open + the offeree learning of the action
If the offer is open, Is the next communication an acceptance?
UCC firm and definite acceptance
Mirror Image
Grumbling acceptance OK
Merely making implied terms express is OK
An added conditon