What are the legal standards for assessing whether a party has used "best efforts"? What are the implications of a counter offer that seeks to incorporate external documents or terms by reference?
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what is a counter offer in contract law Informational
- What factors do courts consider in determining whether the parties intended to be bound by their communications? How does the doctrine of unconscionability apply to contracts formed through counter offers?
- Does such a clause prevent the introduction of evidence of prior negotiations or agreements that are not contained within the final written contract?
- What are the requirements for effectively revoking a counter offer?
- 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 a sub-agent have the authority to bind the principal through their actions during negotiations?
- How can such offers affect the allocation of legal costs in a dispute? How does the concept of apparent authority apply to agents who make or receive counter offers on behalf of a principal?
- How do option contracts affect the ability to make counter offers? What are some common examples of counter offers in everyday transactions?
- What are the implications of signing a standard form contract without negotiating its terms? Can a counter offer be withdrawn or revoked before it is accepted?
- How can an offeree ask questions about the offer without making a counter offer?
- If one party indicates that they will not perform their obligations even before a final agreement is reached, can the other party claim a breach?
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