Offer and AcceptanceSection 6-1

What is a contract?A contract is an agreement

between 2 or more parties that creates a legal obligation

6 Requirements to Contracts1. Offer and Acceptance

• Must be a genuine offer and the offer must be accepted without changing the offer

• Person giving the offer is the offeror; person receiving the offer is the offeree.

2. Genuine Assent• The offer cannot be based on someone tricking

someone else or putting unfair pressure on them to accept the offer

3. Legality• What the 2 people agree to must be legal

4. Consideration• Both people in the contract must receive something of

value5. Capacity

• Must be 18 to have the capacity to contract6. Writing

• Some, but not all, agreements must be in writing to be enforced

What is an offer?An offer is a

proposal by an offeror to something, provided the offeree does something in return.

Requirements of an Offer

1. Contractual intent must be present in the offer.

2. The offer must be communicated to the offeree.

3. The essential terms of the offer must be complete and definite.

Requirements of an Offer:#1 Contractual Intent Must be Present

If you are joking but someone thinks you are making an offer, then the law will hold you to the offer.

If you make a statement out of anger or terror, then there is no legal offer.

Ads in the newspaper are often invitations to negotiate, not offers.

Social agreements, or arrangements between friends to do something, are not offers.

Requirements of an Offer:#2 Offer Must be Communicated to 3rd Offeree

A person who is not the intended offeree CANNOT accept the offer. In other words, if it wasn’t meant for you, you can’t accept it.

An public offer for a reward cannot be accepted by someone who did not know about the reward.

Requirements of an Offer:#3 Essential Terms Must be Complete and Definite

Complete:◦ Identity of the item◦ Price◦ Full terms of payment◦ Date for delivery of possession◦ Date for delivery of the deed

Definite:◦ Everything must be specific and clear◦ Cannot say “My car”, must say “My 2007 Jeep

Cherokee”

ReviewWhat are the 6 requirements to

contracts?What are the 3 requirements of

an offer?What is the difference between

the offeror and the offeree?