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.