What happens if the offeree becomes incapacitated after making a counter offer but before it is accepted? What is the role of agency law in situations involving counter offers?
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what is a counter offer in contract law Informational
- If an unforeseen event beyond the control of the parties makes performance impossible, can a party be excused from their obligations under the contract?
- How should an offeror respond to a counter offer to keep negotiations moving forward? Does the method of communication (e.g., oral, written, email) affect the validity of a counter offer?
- How can parties ensure clarity and avoid misunderstandings during the negotiation process?
- If the offeree expresses willingness to negotiate, is that a counter offer?
- What happens if the stated conditions are not met? How does the concept of "time is of the essence" affect the acceptance of a counter offer?
- Or is the counter offer considered a completely new proposal that must include all essential terms?
- How can parties ensure clarity and avoid misunderstandings in electronic communications that could lead to disputes about contract formation?
- How do courts interpret and apply existing legal principles to new and evolving factual situations involving counter offers? What are some common mistakes to avoid when making or responding to counter offers that could lead to legal disputes?
- What are the legal implications of such a "take it or leave it" approach? Can a counter offer be made orally, even if the original offer was in writing?
- What level of human oversight is necessary in such automated negotiation processes? How do consumer protection laws regulate the use of counter offers, particularly in transactions between businesses and consumers?
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