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Topic: Offer and acceptance

In the News (Sun 23 Jun 19)

  Offer and acceptance - Wikipedia, the free encyclopedia
Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties.
The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind.
The acceptance must be communicated: Depending on the construction of the contract, the acceptance may not have to come until the notification of the performance of the conditions in the offer as in Carlill's case, but nonetheless the acceptance must be communicated.
en.wikipedia.org /wiki/Offer_and_acceptance   (1860 words)

 Acceptance Processing
The determination to accept an offer in compromise is based on sound decisions relating to an analysis of the individual taxpayer's facts and circumstances and financial situation.
When two or more related offers are being recommended for acceptance, but acceptance is based on one financial analysis, one acceptance narrative may be used.
Offers from Federal employees require a determination of whether public policy implications exist based on the sensitivity of the employee's position or area of responsibility.
www.irstaxattorney.com /offer-in-compromise/part5-oic/588.html   (1815 words)

 Contract Law, Part 4: Offer & Acceptance
The court said that "an offer can be withdrawn before it is accepted and it is immaterial whether the offer is expressed to be open for acceptance for a given time or not." But a withdrawal has no effect until it is communicated to the person to whom the offer has been sent.
The courts have laid down two conditions for conduct to be equated with acceptance: (1) that the conduct was an expression of acceptance and not done for some other reason or motive, and (2) that the action or conduct was intended as acceptance.
In this case, while there was no written acceptance to the offer, the conduct of the respondent was such that the court drew the conclusion that is accepted the offer.
www.duhaime.org /contract/ca-con4.aspx   (3380 words)

 Deferment of Acceptance of Offer
As this policy relates to deferment of acceptance of offer, the limitations of the Statutes and Rules of the University do not apply as the individuals concerned have not accepted an offer and are therefore not 'students' of the University.
Offers of accommodation in student residences will not be made to a deferred applicant though they can reapply for accommodation when they take up their Offer of Place and will be considered with other acceptors at that time.
Where the University no longer offers the course for admission, the applicant may be offered a place in another comparable course of his or her choice provided he or she would have been eligible for admission when the initial offer of place was made.
www.canberra.edu.au /uc/policies/acad/defer_pl.html   (940 words)

 AcademicDB - Offer & Acceptance.
An offer is an announcement of a person's willingness to enter into a contract.
An offer is capable of being converted into an agreement by acceptance and must consist of a definite promise to be bounded, provided that certain specific terms are accepted, and not a mere offer to negotiate.
By applying the case of Carlill v Carbolic Smoke Ball Co (1893), the court took the view that the advertisement was an offer to the whole world and not an attempt to contract with whole world.
www.academicdb.com /offer_acceptance_11034   (241 words)

 offer and acceptance
Offer and Acceptance under the UCC-Basic Principles and introduction to the battle of the forms.
This can create an offer and acceptance issue, because under the "mirror image" rule of common law, the response with terms different from the offer is not an acceptance, but a counteroffer.
A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.
www.lclark.edu /~loren/cyberlaw00fall/offeraccpceucc.htm   (6605 words)

 Acceptance of an Offer in Compromise May Preclude Further Relief
In general, absent fraud or mutual mistake, accepting an offer in compromise (OIC) conclusively settles the liability of the taxpayer specified in the offer.
The offer is considered withdrawn when the Commissioner receives such written notification by personal delivery or certified mail, or when the Commissioner issues a letter confirming the taxpayer’s intent to withdraw the offer.
While no evidence existed that the taxpayer’s offer was originally based on his erroneous assumption of the possible refund windfall in the first instance, had the taxpayer later wished to withdraw the offer, he had time to do so.
www.nysscpa.org /cpajournal/2005/405/essentials/p48.htm   (2199 words)

 Offer And Acceptance
The Offer.—An offer, or proposal to do a thing, may be made either by words or signs, either orally or in writing, but in law it is not regarded as an offer until it comes to the knowledge of the person to whom it is made.
Offer by Mail.—In commercial transactions when an offer is made by mail, the general rule is that the offerer is entitled to an answer by return mail, but this will not apply in all cases; for ex-ample, where there are several mails each day.
Where an Offer Is Made by Letter, it is generally held that delivering a letter containing an acceptance of the offer completes the understanding.
www.oldandsold.com /articles32n/law-26.shtml   (254 words)

 The K-Zone: acceptance of offer
A valid acceptance must agree in all particulars with the offer; otherwise it is a counter-offer, not an acceptance (see: Counter-offer) at all.
In the latter case, the acceptance is signalled by the offeree's acting as though the contract were accepted.
It is permissible for a written acceptance to be made by post, and the usual ruling is that acceptance occurs at the moment of posting, not of receipt, which can lead to anomalies (see: AcceptanceOfOfferByPost).
www.kevinboone.com /lawglos_AcceptanceOfOffer.html   (505 words)

 Offer Acceptance Consideration
Advertisements are usually not offers, because they do not contain all of the elements for a contract; particularly the identification of the parties involved.
The offer will be void if it is not accepted within the stated time; if no time is given a reasonable period of time will be derived from the circumstances.
At any time before the offer is accepted it can be revoked by the person making the offer, unless the parties have entered into a separate option contract where the person making the offer agrees to keep the offer open for a certain period of time.
www.ledgerism.net /UCCformation.htm   (1561 words)

 Contract Offer and Acceptance (via CobWeb/3.1 planetlab2.cs.umd.edu)   (Site not responding. Last check: 2007-10-13)
Until an offer is accepted, the offeror is free - unless it has promised to hold the offer open - to revoke the offer.
Once an offeree rejects an offer, the offer dies and the offeree's legal power to accept the offer and form a contract terminates.
A counter-offer is an offer made by an offeree on the same subject matter as the original offer, but proposing a different bargain than the original offer.
www.spraguestreetneighbors.org.cob-web.org:8888 /contract_offer_acceptance.html   (769 words)

 Essay: Contract Law - offer and acceptance. - Coursework.Info
Contract Law- Offer and Acceptance Shabana Riaz Supervision Group 10 The given problem is concerned with whether or not an agreement has come into existence between Astonia PLC, and any of the three local companies, to sell them the widget machine.
One of the basic prerequisites for the existence of a contract is an offer and an acceptance of that offer, which together form the agreement.
Most contracts are usually bilateral and an agreement comes into existence where one party makes an offer to be contractually bound by specified terms to another party who accepts the terms and communicates this to the offeror.
www.coursework.info /A2_and_A-Level/Law/Contract_Law_offer_and_acceptance_L39752.html   (256 words)

 Sample Real Estate Legal Forms
Offer, at the expense of the seller(s), and deliver it to the attorney for buyer(s) at least
The amount being offered by the buyer for the purchase of the property.
The date on which the offer will expire if it is not accepted by the seller.
www.lawchek.com /resources/forms/samples/offer.htm   (891 words)

 Letter of Offer: Acceptance
The letter of acceptance must be issued within six months of the date of the letter of offer.
The gross amount of the offer should be entered in the first paragraph, and the net amount to be paid, after all payments on account and so on, in the second paragraph.
The acceptance letter should be addressed to the legal person(s) who have made the offer e.g.
www.hmrc.gov.uk /manuals/echmanual/ECH21550.htm   (627 words)

 Publications - Sale by offer and acceptance
The purchaser may show a date by which the offer is to be accepted or rejected by the vendor to ensure that the offer is returned promptly.
If the vendor receives an unconditional offer from another person, the first purchaser is given 48 hours to make his/ her offer unconditional, or the contract could be cancelled.
The Offer and Acceptance should include a special condition that if termite activity is sufficient to cause damage, the contract of sale can be cancelled or the vendor made liable for any loss incurred.
www.docep.wa.gov.au /cp/dev_publications/real_estate_notes/offer_acceptance.html   (2049 words)

 [No title]
Jack decided to accept Jill's offer and decided to head over to Jill's house to let her know that.
Jill told Socrates to catch up with Jack and tell him that her offer to sell the house was no longer available for Jack's acceptance.
(c) No because Jill was entitled to revoke her offer at any time before acceptance in which case one could not enforce his or her acceptance.
www.fraudbureau.com /articles/lawbeat/quiz4.html   (765 words)

 Offer and Acceptance of Contracts | Legal > Contracts & Agreements from AllBusiness.com
to the contract enter into this "bargained exchange for consideration" it is in the form of an offer by one party and an acceptance of that offer by another party.
If she rejects it, makes a counter offer, or doesn't respond within the time required, there is no "acceptance" of the seller's counter offer and thus no contract.
Offers legal forms and custom contracts including sales related forms, landlord and tenant forms, corporate forms, and contract law forms.
www.allbusiness.com /legal/contracts-agreements/734-1.html   (365 words)

 Between Offer and Acceptance by Chet Olsen
Especially if it's your first offer, your only offer, or the offer you were hoping for the most, the inclination is to immediately accept.
Once an offer is made, you should feel confident in asking to meet more lawyers from the firm.
In many cases, they are more likely to "tell the whole story" since you have an offer and don't want to mislead someone who is a friend of a friend and someone likely to join the firm.
lawcrossing.com /article/index.php?id=43   (1409 words)

 No Written Offer Without An Acceptance | Recruiting.com
Sure I understand that candidates turndown offers but then what the hell was I doing all that time during therecruiting process, the interviewing process, the salary negotiatingprocess and the closing process.
Nothing should changewith respect to the offer and a candidate that is unable to accept averbal offer will probably find a great reason to turn the job downanyways.
The only thing worse than offers that get turned down is a candidate that start and then leave after a very shot period of time for another position.
www.recruiting.com /recruiting/2006/04/no_written_offe.html   (972 words)

 Offer and acceptance
An offer is an expression of willingness to contract made with the intention that it shall become binding on the person making it as soon as it is accepted by the person to whom it is addressed.
The general rule is that an offer may be revoked or withdrawn by the offeror at any time before it is accepted.
The court held that the offer made to Dickinson had been withdrawn on the Thursday and was no longer capable of acceptance.
www.spr-consilio.com /off.html   (1606 words)

 Professional Offer and Acceptance
Always have the necessary salary approval before extending a formal offer of employment.
The offer does not need to be in writing but may be made verbally.
It may be preferable to offer the position to another well-qualified candidate willing to accept the pre-approved salary rather than continue to pursue the top candidate.
www.usm.maine.edu /hrs/empserve/poffer.htm   (166 words)

 Mailbox rule - Wikipedia, the free encyclopedia (via CobWeb/3.1 planetlab2.cs.umd.edu)   (Site not responding. Last check: 2007-10-13)
The mailbox rule or the postal acceptance rule is a term of common law contracts which determines the timing of acceptance of an offer when mail is contemplated as the medium of acceptance.
The implication of this is that it is possible for a letter of acceptance to be posted after a letter of revocation of the offer has been posted, but before it is delivered, and acceptance will be complete at the time that the letter of acceptance was posted.
However, if B ships the red coathangers with a note that they sent these because they had run out of blue coathangers, this is not an acceptance, but rather an accommodation, which is a form of counter-offer.
en.wikipedia.org.cob-web.org:8888 /wiki/Mailbox_rule   (767 words)

 Offer To Purchase Real Estate Form
This "Offer and Acceptance" is a preliminary agreement setting down the terms of the Buyer for the purchase of the property and the Seller's subsequent acceptance of the terms.
Usually this offer is accompanied by a sum of money described as "Earnest Money." When the Buyer presents this "Offer to Purchase", including the earnest money to the Seller and the Seller subsequently accepts the offer, the Buyer has secured the right to purchase the real estate upon agreed terms for a limited period.
This particular Form is simple and straightforward, designed to merely present an "Offer To Purchase", containing the basic terms of the offer and final acceptance of the offer from the Seller.
kaktus.com /real-estate-forms/forms/offer-to-purchase.html   (953 words)

 Between Job Offer and Acceptance
Inevitably, during the interview process, one or more key players in your future career is likely to be unavailable-maybe it's the head of your department or the senior associate whom you are likely to work with the most.
Perhaps more important, the lawyers you speak with are likely to let their hair down a bit and be more candid than they are during a regular interview.
In many cases, they are more likely to "tell the whole story" because you have an offer and don't want to mislead someone who is a friend of a friend and likely to join the firm.
www.bcgsearch.com /crc/offers.html   (1102 words)

 Whittier Career Services: Job Offer Acceptance Letter
After receiving an offer and thoroughly evaluating all facets of the offer, you can usually accept the position over the telephone.
Express your enthusiasm in receiving the offer and in joining the organization.
I am very pleased to accept your offer of employment for the Management Trainee position at a starting salary of $2,350 per month beginning June 1, 20xx.
www.whittier.edu /career/resume/acceptance.htm   (256 words)

 [No title]
Jill was quite disturbed by Spike's acceptance since Spike never previously revealed his desire to buy a home and knew quite well that Jack and Jill were the ones who desperately needed a home.
The owner received the offer that was for the full value of her asking price.
She also found out that the owner had accepted her offer and had left the fully signed offer in her desk drawer.
www.fraudbureau.com /articles/lawbeat/quiz2.html   (827 words)

 Offer and Acceptance Agreement and Proposal Forms: Real Estate Forms
Offer and Acceptance Agreement: an agreement, accompanied by a deposit, to enter into a sales contract for the transfer of property based upon the agreed upon terms.
Expanded Offer and Acceptance with detailed sections for loan contingencies, options to meet purchase price, expense list (includes taxes, escrow, title and inspection fees, total of 13 fees.
If you are interested in real estate sales contract forms, see our comprehensive Sales and Purchase Kits, which includes the Offer and Acceptance Agreement (other Offer and Proposal forms not included).
www.nupplegal.com /ofandac.html   (682 words)

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