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Or can the offeree simultaneously seek clarification while proposing changes to the terms?
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what is a counter offer in contract law Informational
- How does the method of acceptance differ in each type of contract? How do courts treat counter offers that are made with the intention of clarifying ambiguities in the original offer rather than changing its substantive terms?
- How are such customs and usages proven in court? How does the legal principle of waiver apply to situations where an offeror fails to object to changes made in a counter offer and proceeds with performance?
- What evidence do they consider?
- Can a valid contract be formed if the terms agreed upon in the counter offer are not sufficiently certain and definite?
- Does the UCC's approach to acceptance differ from the common law regarding counter offers?
- What are some examples of negotiating tactics that might be considered a breach of good faith? In what types of contracts are counter offers particularly common?
- What are the exceptions to the duty to read? What are the legal implications of a counter offer that is withdrawn or revoked after it has been accepted by the other party?
- If the third party's approval is not obtained, is the contract formed by the acceptance of the counter offer valid?
- What are the risks of incorporating terms by reference? How does the legal doctrine of estoppel by conduct potentially apply to situations involving offer, counter offer, and acceptance?
- What are the advantages and disadvantages of using ADR in such cases? What are the key takeaways and best practices for understanding and navigating the legal aspects of counter offers in contract law?
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