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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?
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what is a counter offer in contract law Informational
- What factors do courts consider when determining whether a contract is severable? What are the implications of a counter offer that is accepted after the stated expiration date of the original offer?
- How can one distinguish a question about the offer from a proposal to change it?
- Is it ethical to make a counter offer with no genuine intention of accepting it?
- 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 speed and reliability of the communication method affect the timing and validity of the acceptance?
- What language should an offeree use to ensure their response is interpreted as a request for information rather than a rejection and counter offer? How do implied contracts relate to the concept of counter offers?
- What are the advantages and disadvantages of resolving disputes through arbitration compared to litigation? How does the concept of "breach of warranty" apply to contracts for the sale of goods that are formed through counter offers?
- For such standards to be binding, must they be readily available and clearly identified in the contract?
- Can counter offers made under such conditions be considered binding? What is the difference between a counter offer and a conditional acceptance that mirrors the original offer but imposes a condition precedent?
- Once a counter offer is validly accepted, is it too late for the offeror of the counter offer to withdraw it?
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