The six elements form the heart of the contract, but each has individual branches on the details of that specific element. An offer in order to be legal must have been made seriously, must be definite and certain, and have been communicated to the offeree.
Serious Intent
If an offer is to be legal is must be made with the intentions of entering into a serious contract with another party. An example would be if a person said to their friend "give me five dollars and its yours." Course this couldn't be a contract because a person could not be force to sell their car for five dollars. People sometimes get and offer and an invitations to negotiate messed up. Invitation to negotiate is an invitation to deal, trade, or make an offer. For example and advertisement in a catalog or magazine are usually invitations to negotiate not set offers. If a person were to ask the store to buy the item at the sale price the person has now made and offer to the store to buy the item at sale price not regular price. Often most price tags, signs in store windows, and prices on merchandise are all considered invitations to negotiate.
Definiteness and Certainty
In order for a contract to be enforce the two parties must be definite and certain on what is to be exchanged. For example if a fight broke out and one person broke a window and after the fight another person said that they would pay for a share of the cost of the window if the person who broke it planned on paying for the rest. This contract could not be enforced because there was no certain amount of money that was to be payed by either person.
Communication to the Offeree
The offer must be communicated from the offerer to the offeree otherwise the contract isn't legal if one party cannot see the contract. An offer can be communicated through telephone, letter, telegram, fax, e-mail, or any other way capable of communicating between the two parties.
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