Offer
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
Issue
I: The issue is whether a valid offer existed between the parties.
Analysis
R: An offer is (1) an objective manifestation of a willingness by the offeror to enter into an agreement, (2) creating a power of acceptance in the offeree, that must include (3) certain definite terms.
1. Offeror's Objective Manifestation/Intent
R: An offer demonstrates the requisite intent if a reasonable offeree would interpret the communication as an offer, and the offeror demonstrates a present intent to be legally bound. This is evidenced by: (1) clear words of promise, undertaking, or commitment; and (2) direction to a specific, limited group of individuals capable of accepting the terms, rather than a general statement to the public at large.
A: Here, [apply rule to facts].
C: Therefore, the offeror [had/did not have] the requisite intent to form an offer.
2. Offeree's Knowledge
R: To accept an offer, the offeree must have knowledge of the offer at the time of acceptance. This knowledge must be contemporaneous with acceptance, meaning the offeree must be aware of the offer’s terms and the offeror’s intent at the time the offer is made.
A: Here, [apply rule to facts].
C: Therefore, the offeree [did/did not] have knowledge of the offer.
3. Certain Terms
R: The terms of the offer must be reasonably certain and definite. Under common law, the essential terms include the identity of the parties, the subject matter, price, and quantity. If any of these essential terms are missing, the agreement may fail for indefiniteness unless the parties demonstrate an intent to be bound despite missing terms, in which case the court may supply reasonable terms based on the parties’ prior dealings or customary trade practices. Under the UCC, the only essential term is quantity. Price and delivery details may be implied by the UCC if they are missing.
A: Here, [apply rule to facts].
C: Therefore, the offer’s terms [were/were not] sufficiently certain and definite to constitute a valid offer.
Conclusion
C: Therefore, since all the elements [are/are not] satisfied, a valid offer [did/did not] exist between the parties.
(The following topics may be incorporated into the above template, or discussed here. Either placement will earn points.)
Type of Contract
R: The nature of the offer determines whether a contract is bilateral or unilateral. A bilateral contract involves an offer requesting a return promise, whereas a unilateral contract involves an offer that requests performance rather than a return promise.
A: Here, [apply rule to facts].
C: Therefore, the contract is [bilateral/unilateral].
Advertisements
R: Generally, advertisements are considered invitations to make an offer rather than offers themselves. However, an advertisement may constitute an offer if (1) it is sufficiently specific and definite and (2a) it specifies who can accept the offer or (2b) offers a reward for performance.
A: Here, [apple rule to facts].
C: Therefore, the advertisement [was/was not] an offer.
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Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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