1L Contracts

1) Offer
2) Consideration
3) Acceptance

Manifestation of mutual assent. MOMA usually takes the form of:
1) Offer
2) Acceptance

Objective standard for interpreting conduct as distinguished from an undisclosed intention. We can find MOMA through:
1) Conduct
2) Words

1) a contract in which both parties make a promise (a promise for a promise).
2) 2nd Restatement Section 25

1) Form Letters (sent to multiple recepients)
2) Auctions
3) Advertisements (generally, not an offer)

1) First Come, First Served
2) While Supplies Last

Addresses the concept of acceptance when the power of acceptance is terminated.

Is a unilateral contract in place if the offeree intends to perform the requested act but the offeror retracts the offer right before performance can be completed?

Was the plaintiff's performance sufficient to accept the offer of her employer in a unilateral contract? Yes.

The Sale of Goods.
"A Contract for the Sale of Goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract."

Conduct by both parties which recognizes the exisitence of a contract is sufficient to establish a contract for the sale although the writings of the parties do not otherwise establish a contract. (UCC Section 2-207 (3) ).

1) Look at the conduct of the parties to determine if a contract was formed.
2)You don't need to know the exact time a contract was formed.
3) There can be some indefiniteness when going into a contract (for the sale of goods only).

Look at what each party considered before going into the contract.

1) Detriment
2) Suffering
3) Act
4) Waiver of Legal Rights

Look for a bargain when trying to determine if there is consideration. Both parties will get something in return for giving up something. Promises are not enforceable unless something is driving the promise.