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Contracts

Offer and acceptance

9 case briefs on offer and acceptance in Contracts, each with the citation in the book’s form. All Contracts briefs

  • Davis v. Jacoby

    Davis v. Jacoby, 34 P.2d 1026 (Cal. 1934).

    Was Whitehead's April 12th letter an offer to enter into a bilateral contract that could be accepted by a promise, or a unilateral contract that could be accepted only by performance?

    Supreme Court of California

  • Lucy v. Zehmer

    Lucy v. Zehmer, 84 S.E.2d 516 (Va. 1954).

    Did the writing the Zehmers signed form a binding contract to sell the Ferguson farm, even though Zehmer claimed he was jesting when he signed it?

    Supreme Court of Appeals of Virginia

  • Lefkowitz v. Great Minneapolis Surplus Store, Inc.

    Lefkowitz v. Great Minneapolis Surplus Store, Inc., 86 N.W.2d 689 (Minn. 1957).

    Was the store's newspaper ad for the lapin stole an offer that Lefkowitz could accept, or only an invitation to make an offer?

    Minnesota Supreme Court

  • ProCD, Inc. v. Zeidenberg

    ProCD, Inc. v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996).

    Is a shrinkwrap license, whose terms are inside the box and not printed on the outside, an enforceable contract when the buyer uses the software after having a chance to read the terms and to return it?

    United States Court of Appeals for the Seventh Circuit

  • Hill v. Gateway 2000, Inc.

    Hill v. Gateway 2000, Inc., 105 F.3d 1147 (7th Cir. 1997).

    Do the terms in the box, which the customer could reject by returning the computer within 30 days, become the parties' contract, so that the arbitration clause binds the Hills even though no terms were read to them on the phone?

    United States Court of Appeals for the Seventh Circuit

  • Leonard v. PepsiCo, Inc.

    Leonard v. PepsiCo, Inc., 88 F. Supp. 2d 116 (S.D.N.Y. 1999).

    Did the Pepsi Stuff television commercial constitute an offer of a Harrier Jet that Leonard could accept by submitting an order form?

    United States District Court for the Southern District of New York

  • Klocek v. Gateway, Inc.

    Klocek v. Gateway, Inc., 104 F. Supp. 2d 1332 (D. Kan. 2000).

    Under Kansas or Missouri law, did Klocek agree to Gateway's Standard Terms, including the arbitration clause, by keeping the computer more than five days after delivery?

    United States District Court for the District of Kansas

  • Fairmount Glass Works v. Crunden-Martin Wooden Ware Co.

    Fairmount Glass Works v. Crunden-Martin Wooden Ware Co., 51 S.W. 196 (Ky. App. 1899).

    Was Fairmount's April 23 letter a definite offer to sell that Crunden-Martin could accept, or only a quotation of prices that left the buyer's order open to acceptance or refusal?

    Kentucky Court of Appeals

  • Embry v. Hargadine, McKittrick Dry Goods Co.

    Embry v. Hargadine, 105 S.W. 777 (Mo. Ct. App. 1907).

    Does a contract arise from the words and acts of the parties as a reasonable person would understand them, or must both parties actually intend to contract, so that the jury had to find that intent?

    St. Louis Court of Appeals