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Yes, I remember that intent to contract was one of the requirements of an offer, and I remember that intent to contract is indicated by language. To quote my n
by rscale 14y ago
Yes, I remember that intent to contract was one of the requirements of an offer, and I remember that intent to contract is indicated by language. To quote my notes:
The second element of a valid offer requires the party who offers the proposal to intend to contract. Phrases such as “Are you interested” or “Would you give me” are words of preliminary negotiations.
Terms such as “I bid,” “I will give you,” or “My lowest price is,” show a present intention to contract and constitute valid offers.
That said, I'll take this opportunity to reiterate that I'm not a lawyer, I'm not accepted by the bar in any state, and for all I know the standards on this matter may vary by jurisdiction.
I'd simply err on the side of asking my lawyer before I started using this protocol with entrepreneurs or investors that I didn't know very well.
- deleted 14y ago[deleted]
- rscale 14y agoThe difference, according to the lawyers who served as my professors, is that one is considered by the courts to show intent to contract, and that the other is considered by the courts to be negotiation. That said, I'm just repeating what a lawyer taught me about how courts determine intent to contract. I'm not a judge or a lawyer. I'm an entrepreneur who took some business classes. edit: I just sent an old professor an email with the question, and a prompt to try to help him remember who I am. If he responds, I'll share the response no matter what it says.