LEB320F Meakin C 2013 Spring Week 8 Lecture 14 March 5 Outline of Last Lecture II Case Reviews Ch 10 11 III Patents A 5 elements of patentability IV Lough v Brunswick boat propeller V Infringement VI Ownership VII Contracts A Offer B Acceptance C Consideration D Bilateral E Unilateral F Express G Quasi H Formal v Informal I Executed v Executory VIII Precision Concepts Corp v General Employment IX Carroll v Lee X Deskovick v Porzio XI Valid XII Void XIII Voidable XIV Unenforceable XV Negotiated v Adhesion XVI Form Contract XVII Hartland Computer Leasing v The Insurance Man Outline of Today s Lecture Chapter 11 12 XVIII Offer A Advertisements B Jokes XIX Richard v Flowers XX Leonard v PepsiCo XXI Pyeatte v Pyeatte XXII MPG Petroleum v Crosstex XXIII UCC XXIV Newman v Schiff XXV Termination of an Offer XXVI Acceptance XXVII Lucier v Town of Norfolk These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Offer o Title Your Document Offer to for o Be as clear as possible o Legal offer No special words Offeror master of the offer Anything that s capable of acceptance is an offer Negotiations Richard v Flowers o I expect to receive is not an offer to purchase Advertisements invitations to negotiate Generally not offers Unless very specific DTPA Taco Bell target in Pacific Ocean if any part of the Skylift falls and hits target free tacos in US for one day 1 Penny 4 Star Hotel in Italy honored it Best buy 9 99 Big screen TV didn t honor it Jokes object theory of contracts Subjective no objective yes Outward expression Drunks in a bar Lucy v Zehmer Leonard v PepsiCo o 23M Harrier for 700K Must be definite agreement on all the major points o If parties intended to contract the court will find the terms o Pyeatte v Pyeatte Not in Book Law school for master s degree No agreement on the major terms Where how long Quasi Contract Recovery MPG Petroleum v Crosstex o Agreement to agree on placement of equipment o Material term not present UCC Backup contract o Much more likely to find a contract o If the parties intended to contract o Gap fillers Open price open time Delivery reasonable payment at the same time Public law fills in for private law o Must be communicated o Reward o Newman v Schiff Open to all until the end of the broadcast o Can be targeted or general Termination of an Offer o Generally whenever Revocation o Even if promised to hold open o Exceptions Option Contracts UCC sales law on firm offers in writing Detrimental reliance Usually unilateral o Avoid multiple acceptances with time bombs o Counteroffer is a Rejection and a new offer o Inquiry v counteroffer o Operation of law lapse of time destruction death supervening illegality Acceptance o Yes or silence if a duty to speak I accept if it s blue o Normally mirror image rule Watch out Limit by the written offer o Bi or uni lateral offer Communicated o They re accepted differently o Please put that this offer may only be accepted by signing below indicating your agreement to all terms o Lucier v Town of Norfolk 175 week v 35 day
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