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District of Columbia
Firm Offer for Sales Agreement with Specification of Manner of...

District of Columbia Firm Offer for Sales Agreement with Specification of Manner of Acceptance

Category:

Contracts - Sale of Goods

State:

Multi-State

Control #:

US-02325BG

Format:

Instant download

Description

The Uniform Commercial Code (UCC) has been adopted in whole or in part by the legislatures of all 50 states. In most instances, the UCC treats all buyers and sellers alike. In some cases, it treats merchants differently than it does the occasional or casual buyer or seller. The UCC recognizes that the merchant is experienced and has a special knowledge of the relevant commercial practices.

Contract law as to offers is applicable to a sales contract, with the following exception. A firm offer by a merchant cannot be revoked if the offer:

" expresses an intention that it will not be revoked,

" is in a writing, and

" is signed by the merchant.

Unless it is expressly specified that an offer to buy or sell goods must be accepted just as made, the offeree may accept an offer and at the same time propose an additional term. This is contrary to general contract law.

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FAQ

Under the UCC, a firm offer for a sale or lease of goods made by a merchant without consideration can be revoked at any time before acceptance. Under the UCC, an offeree can accept an offer to buy goods by a prompt shipment of conforming goods.

A firm offer is an irrevocable offer to contract under Article 2 of the Uniform Commercial Code In a sale of goods, if the seller is a merchant under the definition of a merchant in §2-104, and promises in signed writing to keep an offer open, a firm offer is created.

Once a contract is formed?by an offer, acceptance, and consideration?it is essentially irrevocable. The term irrevocable does not mean that a party cannot refuse to perform its obligations under the agreement, but rather that it can be held financially liable in a court of law for such refusal.

What are the elements that must be present for an offer and acceptance to be valid? Clear, specific, and complete terms; intention to create legal relations; unconditional agreement to the terms; communication of acceptance; consideration; capacity; and legality of the contract.

The offer must be clear and definite, and it must be communicated to the other party. The offeree must then accept the contract terms of the offer, which can be done explicitly or implicitly. If the offeree accepts the offer, a binding contract exists, and that contract will be enforced by common law.

In legal terminologies when someone agrees with an offer then they have to obey the terms made in the offer. ing to the Indian Contract Act, 1872, Section 2(b), acceptance is expressed as ?When the person to whom the proposal has been made signifies his assent thereto, the offer is said to be accepted.

Offer and acceptance: An offer is a statement or action that indicates a willingness to agree. Acceptance is an agreement to the terms of an offer by the other party. An offer must be communicated to the person who is meant to accept it and may be made by words or conduct.