Question
Please reply to this peer discussion. An agreement is the heart of every contract along with an offer and acceptance. Although you must pass all
Please reply to this peer discussion.
An agreement is the heart of every contract along with an offer and acceptance. Although you must pass all the elements (7) to arrive to a contract. Terms like specificity or definiteness are needed in the contract and are necessary under the contract law to be used mainly in courts to help enforce. It assist by assessing the elements of the contract like offer, acceptance, and consideration.As mentioned in Prenkert et al. (2022) not every proposal qualifies as an offer. In order for a proposal to be considered an offer the court will review three requirements to confirm if it was indeed an offer. If the offeror provided more specific terms like "the next person that provides me an offer I will negotiate". Would this satisfy the first criteria "present intent to contract" or is it still a jest. Is there enough specificity to represent the proposal? However, in this case the statement of getting rid of the car for 2 cents is vague or can be taken as a negotiation standpoint. The second criteria is to look fordefiniteness termsand the statement/proposal shows the offeror the willing to get rid of his car and in return for 2 cents. It fails to demonstrate the present intent to contract and it is still viewed as negotiation. The last requirement is to confirm if the proposal has been communicated to the offeree. To getsociety to agree on the meeting of the minds, the courts have transfer to objective theory of contracts and the offeror intent will be examined by an objective standard. So, I do not agree that the statement of getting rid of your car will be enforceable. The elements of contract will be reviewed and on top of that the court will confirm if the proposal was in fact a valid contract. But remember that there are contracts that are expressed and with mutual intention the court can rule that a reasonable person with all circumstances will assume that the offeror intended to contract (Prenkert et al., 2022).
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