Under The Ucc The Agreement Begins When The Offeror Makes An Offer To The Offeree


The UCC amends the common law rule for distributor offers. In accordance with Section 2-205, a fixed bid optionA UCC written and signed by a distributor, with the promise to keep an offer open; Don`t worry about it. (a written and signed promise from a merchant to keep an offer to buy or sell goods for a certain period of time) is irrevocable. In other words, an option is created, but no consideration is required. The offer must remain open for the specified period or, if no time is indicated, for a reasonable period of no more than three months. Of course, in many cases, the timing of acceptance is not at issue: in the case of personal transactions or transactions negotiated by telephone, the parties renew an offer and accept it immediately during the interview, but problems can arise in contracts negotiated by correspondence. In the absence of an explicit time limit, the common law rule states that the offer expires at the end of a “reasonable” period. Such a delay is a factual issue in each particular case and depends on the particular circumstances, including the nature of the service or land for which the offer is granted, the manner in which the offer is made and the means by which acceptance is expected. Each time the contract contains a speculative transaction – for example.

B the sale of securities or land – the period depends on the type of security and the risk it entails. In general, the higher the risk to the seller, the shorter the period. Karen proposes to sell Gary a block of oil reserves that fluctuate rapidly by the hour. Gary receives the offer one hour before the market closes; he agreed by fax two hours after the market opened the next morning and after learning that the stock had increased considerably. The period has expired if Gary has accepted a fixed price set by Karen, but it can still be opened if the price at the time of delivery is the market price. (According to Section 41 of the restoration, an offer is accepted by mail “depending on the season if an acceptance is sent on any date before midnight on the day the offer was received.”) The requirement to submit an offer does not mean that any term must be communicated. You call your friend and offer to sell him your car. You will tell him the price and start telling him that you throw in the snow tires, but do not pay for a new inspection, and that you expect to keep the car for another three weeks.

Impatient, he cuts you off and says, “Don`t worry; I will accept your offer on any condition.¬†You and he have a contract. The offers, the alternatives of the state are final if any alternative is definitive.

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