Which party's terms ultimately govern the contract if the exchange concludes with performance but no explicit agreement on all terms?
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what is a counter offer in contract law Informational
- Are there limitations to the application of the last shot rule? What role does custom and usage of trade play in interpreting the terms of a contract formed through a counter offer, particularly in commercial settings?
- At what point in a negotiation is a legally binding contract formed?
- Can a party transfer their rights or obligations under the contract to a third party without the consent of the other original party?
- What are the risks of incorporating terms by reference? How does the legal doctrine of estoppel by conduct potentially apply to situations involving offer, counter offer, and acceptance?
- 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?
- Can a party seek to have a contract rescinded or reformed due to a mistake in the offer or acceptance process? How does duress or undue influence affect the validity of a counter offer and subsequent acceptance?
- What factors contribute to the appearance of authority? What are the legal considerations when a counter offer is made and accepted through different mediums of communication (e.g., offer by mail, acceptance by email)?
- Does such a statement prevent the offeree's response from being considered a counter offer, or does it simply signal a lack of willingness to negotiate?
- Can one party recover benefits conferred on the other during the negotiation process if there is no legal basis for retaining those benefits?
- Is a contract formed?
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