Nevertheless it is not clear whether the
offeree could use electronic mail to communicate his acceptance when the offeror has electronically mailed the offer to him, or when the offeror has sent the offer via fax or telex with the electronic mail address in the letter head.
offeree has "effective access" to the information about the
In other words the offer must therefore set out the exact essential and material terms of the proposed agreement in order to be unequivocally acceptable by the
offeree. Our courts have been extremely reluctant in declaring agreements that are either vague or incomplete as a valid enforceable agreements (Kantor v.
In addition, the offer must effectively communicate all material terms to the
offeree.
"In the absence of fraud, the fact that an
offeree cannot read, write, speak, or understand the English language is immaterial to whether an English-language agreement the
offeree executes is enforceable."
If there is no express acceptance or rejection, but merely the exchange of forms followed by performance, are the
offeree's terms additional to or different from those of the offer?
(2) The result is that, for Rule 68(b) purposes, both the offeror and
offeree are credited with the prior payment to the extent of their own contributory fault.
Securities and Exchange Commission (SEC) rules prohibit such private placements from being discussed unless the
offeree has been pre-qualified for the investment.
what he has offered, nor the
offeree's actual understanding of what
A unique approach is the "push-pull" method, whereby the departing owner sets the value and the remaining owners can either accept this price or require the offerer to buy out the
offeree. In any case, the agreement should specifically define its terms, using "income," for example, in the context of a formula using a multiplier of earnings.
An offeror is the person who makes an offer; the
offeree is the person to whom the offer is made.