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Attack Blurbs
Posted: Mon Nov 24, 2014 8:22 pm
by Restatement90
Hey all, first time poster. (obv)
Anyone ever have attack blurbs they are ready to throw out when the time calls. For instance, if an advertisement question may come up on Contracts:
As a baseline rule, advertisements generally do not constitute offers (Restatement 26 comment b). Advertisements are generally initiations to accept an offer (Leanord v PepsiCo.), rather than an offer itself. In order for an ad to constitute an offer, it must be clear, explicit, definitive and leave nothing for negotiation. (Lefkowitz v Great Minneapolis Surplus Store).
thoughts?
Re: Attack Blurbs
Posted: Mon Nov 24, 2014 8:29 pm
by qlinault
Advertisements are generally initiations to accept an offer (Leanord v PepsiCo.), rather than an offer itself.
I would rephrase but a heads up would be nice if I need to grab my aspie riot gear
Re: Attack Blurbs
Posted: Mon Nov 24, 2014 8:31 pm
by Restatement90
qlinault wrote: Advertisements are generally initiations to accept an offer (Leanord v PepsiCo.), rather than an offer itself.
I would rephrase but a heads up would be nice if I need to grab my aspie riot gear
invitations to bargain*
Re: Attack Blurbs
Posted: Mon Nov 24, 2014 9:19 pm
by Br3v
Restatement90 wrote:Hey all, first time poster. (obv)
Anyone ever have attack blurbs they are ready to throw out when the time calls. For instance, if an advertisement question may come up on Contracts:
As a baseline rule, advertisements generally do not constitute offers (Restatement 26 comment b). Advertisements are generally initiations to accept an offer (Leanord v PepsiCo.), rather than an offer itself. In order for an ad to constitute an offer, it must be clear, explicit, definitive and leave nothing for negotiation. (Lefkowitz v Great Minneapolis Surplus Store).
thoughts?
Yeah this is a good idea but:
(1) Don't copy/paste if your exam rules/honor system doesn't allow you to
(2) Something this length may not run into the problem, but don't get much longer b/c you don't want to be writing long passages with no application of the law to the fact pattern. This would be a good opening part of a paragraph where you then say something like "Here, Mr. X didn't make a clear offer when he yelled it outside of his moving car passing Mr. Y"
Re: Attack Blurbs
Posted: Mon Nov 24, 2014 10:05 pm
by Restatement90
Br3v wrote:Restatement90 wrote:Hey all, first time poster. (obv)
Anyone ever have attack blurbs they are ready to throw out when the time calls. For instance, if an advertisement question may come up on Contracts:
As a baseline rule, advertisements generally do not constitute offers (Restatement 26 comment b). Advertisements are generally initiations to accept an offer (Leanord v PepsiCo.), rather than an offer itself. In order for an ad to constitute an offer, it must be clear, explicit, definitive and leave nothing for negotiation. (Lefkowitz v Great Minneapolis Surplus Store).
thoughts?
Yeah this is a good idea but:
(1) Don't copy/paste if your exam rules/honor system doesn't allow you to
(2) Something this length may not run into the problem, but don't get much longer b/c you don't want to be writing long passages with no application of the law to the fact pattern. This would be a good opening part of a paragraph where you then say something like "Here, Mr. X didn't make a clear offer when he yelled it outside of his moving car passing Mr. Y"
Sounds good. Thank you!