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Pacta Sunt Servada
Agreement shall be kept
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Elements of a Valid Offer
- Manifestation of offeror’s intent to be bound
- -Intent determined by objective, “reasonable person” standard
- -Preliminary negotiations and advertisements do not constitute offers
- Definite and certain terms (including subject matter, price, quantity, quality, and
- parties)
- Communication of offer to offeree (or offeree’s agent)
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Mailbox Rule
Acceptance by mail effective when placed in mailbox; however, revocation of offer effective only when received by offeree
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Elements of Fraudulent Misrepresentation
- 1. A false statement about a past or existing fact that is material to the contract
- 2. Intent to deceive, which can be inferred from the particular circumstances
- 3. Justifiable reliance on the false statement by the innocent party to the agreement
- 4. Damages
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