What are the procedural and substantive elements of unconscionability? What is the impact of subsequent agreements or modifications on a contract that was initially formed through a counter offer?
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what is a counter offer in contract law Informational
- Do consumers have special rights regarding the acceptance or rejection of counter offers? What is the legal significance of a party stating that their counter offer is made "without prejudice"?
- How should such contingencies be clearly stated in the counter offer? How does the concept of "quantum meruit" (as much as he deserves) apply to situations where parties have engaged in work or provided services during negotiations involving counter offers but ultimately no formal contract is formed?
- What factors do courts consider in determining what constitutes a reasonable time for acceptance? How does the parol evidence rule apply to situations where the written contract formed through a counter offer and acceptance allegedly does not reflect the complete agreement of the parties, and there were prior oral understandings?
- Are such choice-of-law and choice-of-forum clauses generally enforceable?
- At what point does a requested change become substantial enough to qualify as a counter offer?
- Are there any exceptions to the parol evidence rule that might apply in such cases? What is the legal significance of the language used in a response to an offer in determining whether it is a counter offer?
- Are changes or additions to standard form contracts typically treated as counter offers?
- If a party fails to meet a deadline specified in such a provision, what are the potential consequences?
- 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 implications of signing a standard form contract without negotiating its terms? Can a counter offer be withdrawn or revoked before it is accepted?
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