How should such clauses be drafted to clearly define ownership and usage rights?
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what is a counter offer in contract law Informational
- What remedies are available for breach of confidentiality? How does the concept of "undue influence" differ from duress, and how might it affect the validity of a counter offer and subsequent acceptance?
- If a counter offer includes a condition precedent, what must occur before the contract becomes binding?
- Who is considered the "drafter" in a situation involving exchanged offers and counter offers? What are the legal implications of a counter offer that is contingent on the approval of a third party (e.g., a board of directors, a spouse)?
- What are the criteria for determining substantial performance? What are the legal implications of a counter offer that is made and accepted under a mutual mistake of fact?
- Does the UCC's approach to acceptance differ from the common law regarding counter offers?
- Could a poorly worded counter offer inadvertently reject a favorable original offer?
- Does an agent's authority to negotiate extend to making counter offers? How do electronic contracts and online platforms facilitate or complicate the process of making and accepting counter offers?
- What evidence is required to prove duress or undue influence in contract formation? What is the role of consideration in the context of counter offers?
- Are certain types of contracts (e.g., contracts for the sale of land) required to be in writing to be enforceable, even if they were formed through a series of counter offers?
- What are the requirements for a valid liquidated damages clause, and when might a court refuse to enforce it? What are the legal implications of a counter offer that seeks to impose an obligation on a third party who is not a signatory to the contract?
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