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If an unforeseen event beyond the control of the parties makes performance impossible, can a party be excused from their obligations under the contract?
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what is a counter offer in contract law Informational
- Can an offeror waive the "time is of the essence" provision? What is the legal status of a counter offer that is stated to be "non-binding" or "for discussion purposes only"?
- Is a change in the closing date a counter offer?
- Does such a statement prevent the counter offer from being used as evidence of concessions or admissions in subsequent litigation?
- Are such responses always considered inquiries rather than rejections and counter offers?
- Could the original offeror argue that the late acceptance constitutes a new offer? How does the concept of ratification apply to situations where an unauthorized agent makes or accepts a counter offer on behalf of a principal?
- What are the terms and conditions that typically govern online auctions and the formation of contracts through bidding? How does the doctrine of anticipatory breach apply to contracts that are in the negotiation phase involving counter offers?
- Does such a statement prevent the offeree's response from being considered a counter offer, or does it simply signal a lack of willingness to negotiate?
- Are counter offers more frequent in real estate transactions than in the sale of goods?
- Does the death of the offeror automatically terminate the power to accept, even if a counter offer has been made?
- In addition to monetary damages, can a court order specific performance or injunctive relief in such cases?
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