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THE

LAW OF CONTRACTS

BY

SAMUEL WILLISTON, LL.D.
DANE PROFESSOR OF LAW IN HARVARD UNIVERSITY

IN FOUR VOLUMES

VOLUME 1

NEW YORK
BAKER, VOORHIS & CO.

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MAKING OF OFFERS

Section

1. 'tual assent must be expressed.

nt may be expressed by acts.

22a

20?" ual assent is expressed ordinarily by an offer and an acceptance.

23

ľuirements of a promise:

24

offer is a promise....

1., ession of intention is not an offer....

26

ffer distinguished from preliminary negotiations:

27

A1,"ements preliminary to written contracts..

28

viation of contracts at auction.'.

29

Ctracts preliminary to auction sales :.

30

Pelers. .....

31

repral offers: :.

32

onligations imposed by law without assent distinguished.

32a

I offer must be communicated; Rewards...

33

' whole consideration must be given after knowledge of the offer.

33a

án fier by mail must be received.:...

34

ney igent appearance of assent may bind the parties though the actual offer

tot communicated......

is implied in fact; contracts for services..

36

(**.tr offers implied in fact.,

36a

ffer when accepted must be capable of creating a definite obligation... 37

(rs and agreements indefinite as to time!.....

38

riie s and agreements of service indefinite as to time.

39

13 and agreements defining incompletely the time of performance. 40

4:10 3 and agreements indefinite as to price....

41

sif's and agreements indefinite as to work or property to be given.

42

Wirs and agreements where the promisor retains an option....

43

Bors and agreements in which the promisee is given an option.

44

{ "stars and agreements where something is reserved for future determination 45

ali nellaneous indefinite promises. ...

46

promise is not too indefinite if it can be made certain by reference to outside

atters....

47

contract is enforceable though subsidiary promises are too indefinite.. 48

in effect of part performance upon indefinite promises. . .

49

ta' in offers may be terminated.

hection by the offeree. ...

Acceptance to take effect in the future.

Len rejection by mail takes effect..

50

51

5la

52

[ References are to sections )

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Necessity of acceptance...

Difference between acceptance in unilateral and bilateral contracts.

Intention to accept is unimportant except as expressed...

An intention not to accept may prevent the formation of a contract whe

words or acts are ambiguous. ...

Acceptance of unilateral contracts where the offeror is the promisor, needs ?"

communication. ...,

Communication may be necessary to acceptance of unilateral cc atraps ")

the act requested is peculiarly within the knowledge of the pione

True reason for requiring notice of acceptance of guaranty....

Notice of allotment of shares.

Acceptance in bilateral contracts requires communication.

Aceeptance in u ilateral contracts where the offeree is the promis. ", pero

communication...

Acceptance must be unequivocal

Acceptance must comply with the terms of the offer.

Illustrations in cases of offered rewards....

Illustrations in other cases than offers of reward...

If an offer prescribes the place, time, or manner of acceptance, its terms my 3

be complied with.....

Qualified or conditional acceptances are counter-offers and reject the originau?

offer....

Conditions in an acceptance which do not qualify in legal effect the offer, }

not impair the acceptance. ...

Added terms requested as a favor do not invalidate an acceptance...

An offer can be accepted only by the person or persons to whom it is made..

Acceptance in contracts by correspondence may be completed by mailing an

acceptance. ....

Acceptance in contracts by telegraph or telephone may be complete by dit

patching a message. .

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