Contracts – Contracts Formation: Offer
Step (1): Was there an offer?
- Offer = an invitation with intent to enter into an enforceable agreement.
- An advertisement is not an offer (but can be if a specific quantity is stated).
- Offers must show an intent to enter into a K, certainty in essential terms and be communicated to the other party.
- Indefinite terms = an offer without a clear term such as missing price or quantity. Courts will generally try to read into the offer a reasonable term.