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Can one party recover benefits conferred on the other during the negotiation process if there is no legal basis for retaining those benefits?
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what is a counter offer in contract law Informational
- If a party is pressured into making or accepting a counter offer, can the resulting contract be voided?
- How does the principle of privity of contract apply in such situations? How does the law address situations where there is ambiguity or uncertainty about whether a communication constitutes an offer, a counter offer, or a mere invitation to treat?
- What are the rules and limitations on assignment and delegation? What are the legal implications of a counter offer that includes a provision for mandatory arbitration of any disputes arising under the contract?
- If one party agrees to indemnify the other against certain types of losses or liabilities, what are the scope and limitations of this obligation?
- Does it depend on the offeror's explicit consent or can it be implied? If an offeree makes multiple changes to the original offer in their response, is it still considered a single counter offer?
- Are specific words or phrases more likely to be interpreted as a rejection and counter offer?
- Are there specific provisions in the UCC that address counter offers in service contracts (which are generally governed by common law)?
- What remedies might be available to the other party in such situations? How does the concept of "last shot rule" operate in situations involving the exchange of non-identical terms in offer and counter offer scenarios, particularly under the UCC's "battle of the forms"?
- What are the requirements for valid ratification? What are the differences in how counter offers are treated in contracts for the sale of goods versus contracts for services under the common law and the UCC?
- Must a counter offer be supported by new or additional consideration to be valid?
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