Can evidence of prior negotiations or counter offers be admitted to interpret the final written agreement?
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what is a counter offer in contract law Informational
- What types of monetary damages might be awarded in such a breach? How does the concept of "meeting of the minds" relate to counter offers and contract formation?
- Are "clickwrap" or "browsewrap" agreements subject to the same principles regarding counter offers?
- If a party lacks the legal capacity to enter into a contract (e.g., minors, individuals with certain mental incapacities), is a counter offer made by or to them valid?
- Does the death of the offeror automatically terminate the power to accept, even if a counter offer has been made?
- Are phrases like "Would you consider..." always considered counter offers? Can a counter offer be implied rather than explicitly stated?
- Can an offeror revoke their original offer while a counter offer is under consideration? How does the concept of good faith and fair dealing apply to the making and responding to counter offers?
- What are the responsibilities of the primary agent in overseeing the sub-agent's conduct? What are the ethical considerations for lawyers and other professionals who advise clients on the legal aspects of making and responding to counter offers?
- Are smart contracts susceptible to the traditional legal concepts of offer, acceptance, and counter offer? How does the legal principle of unjust enrichment potentially apply to situations where parties have engaged in negotiations involving counter offers but ultimately no formal contract is formed?
- What types of records should parties maintain to protect their interests in case of a dispute?
- How can an offeree ask questions about the offer without making a counter offer?
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