Contract Law

• What elements make an attempted acceptance a counteroffer?

An attempted acceptance may be made a counteroffer if the supposed acceptance differs from the actual offer. This consequently makes it hard for the offeree to be able to accept the offer, due to the alteration of terms which makes it hard for it to be accept. No contract is therefore formed due to the misrepresentation of the terms by the offeror, hence leading to counteroffer (Helewitz, 2010).

• Give two examples in which the actions of the offeree reject a written offer.

Lapse of Time

An offer may lapse, if the offerree does not accept the offer within a certain duration of time. This is basically so, particularly when the offer opens for a certain period of time. This consequently allows the offeree to be able to take his or her time, in order to decide if in deed, his or she will accept the offer (Helewitz, 2010). A good example is when A, offers to sale a Bus to B, then A gives B a period of ten days in order to either accept or decline the offer, after A provides B with the terms of the contract. If B does not communicate to A after ten days, then the contract becomes rejected by the offeree.

Revocation

Revocation of an offer can take place at any time before the offeree accepts the contract. A good example is when A, plans to sell a piece of land to B (Helewitz, 2010). Then A later sold the land to C, simply because C’s offer was better than that of B, this consequently leads to the revocation of B from the contract, simply because the offeror decided to sell the piece of land to another  buyer whose bid was better than that of B.

• Compose an offer that specifically limits the offeree’s ability to accept.

An offeror offers a car to the offeree, even though the terms of the contract are different from the resulting terms that the offeror gives the offerree. This consequently makes it hard for the offeree to be able to accept the offer simply because the offerer has changed the purported terms of agreement (Helewitz, 2010).

 

Reference

Helewitz, J. A. (2010). Basic contract law for paralegals. Austin [Tex.: Wolters Kluwer Law & Business.