What are the requirements for establishing an anticipatory breach? What are the legal implications of a party making a counter offer that is clearly unreasonable or made in bad faith?
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what is a counter offer in contract law Informational
- Are there any landmark court decisions that have significantly influenced the law of counter offers?
- What happens if one party retains too much discretion or power under the agreed-upon terms? In the context of online auctions, how are bids and counter bids treated under contract law?
- If an unforeseen event beyond the control of the parties makes performance impossible, can a party be excused from their obligations under the contract?
- Under what circumstances will a court order a party to fulfill their contractual obligations rather than simply awarding monetary damages? What are the legal implications of a counter offer that seeks to limit or exclude liability for certain types of damages that might arise from a breach of contract?
- What factors do courts consider in resolving such ambiguities?
- How does the consideration requirement affect the ability of parties to modify existing contracts through counter offers? How do statutes of frauds affect contracts formed through counter offers?
- What are the requirements for valid ratification? What are the differences in how counter offers are treated in contracts for the sale of goods versus contracts for services under the common law and the UCC?
- Is a change in the closing date a counter offer?
- What actions or behaviors might lead a court to conclude that a counter offer was made?
- How do the "mirror image rule" and counter offers interact? Are there any exceptions to the general rule that a counter offer rejects the original offer?
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