The Language of Law School This page intentionally left blank

Transcript 7.11 [6/20/7–12]
39
Prof.:
[ . . . end of a 7.30 turn summarizing the law of contract formation . . . ]
Give me some idea that you have from reading the cases for today of
what constitutes an offer, and what are you trying to set it up
against? You’re looking to what is an offer and what’s not an offer.
What are some of the things that are not an offer, and what are some
of the features of an offer? (.03 pause) 
[ no volunteers, professor calls
on student] 
Nat?
40
Nat:
Um an acceptance of an offer is- would kind of be like- it’s at the
last, the ground where it’s the actual- where it actually makes the
contract. An offer is distinguished from an invitation of an offer, is
when the offeror really wants to have the final power of acceptance.
He’d rather have the invitation to offer. That’s why the other person
has to- the other party has to offer so that they can then accept.
41
Prof.:
Right. One of the first dichotomies you want to set up when you’re
asking this question about contract formation- and in an exam,
you’re always going to anticipate at least in your first-year course
that some place there is a question of whether or not something’s an
offer or something else. 
[ . . . omitted material (1.09 total turn time)
. . .  ]
 What is- how would you describe my statement, “I’m going to
sell my car for $5,000,” if it is not as an offer? Jane?
42
Jane:
As an expression of your intent to sell your car.
43
Prof.:
Yeah. An expression of a present intent, but no undertaking of a
firm commitment. Ah 
[ . . . omitted material, detailing three things
that do not count as offers (2.55 total turn time) . . . ]
 Okay, Karen, if
you open the mail one day and it’s a letter from the Acme Flour
Company and it says, “I can quote you flour at five dollars a barrel
in carload lots.” And you just realized you need ten carloads of
flour. Could you call up the Acme Flour Company and say, “I
accept,” and make a binding contract?

---

160
Difference
44
Karen:
No, you could call them up and say you’ve received this offer and
// then//
45
Prof.:
// Well // no, you’ve got to be very careful. Don’t say, “I received this
offer in the mail.”
46
Karen:
I received your letter in the mail from your quote?
47
Prof.:
In the context that I’ve just described, she’s just opening her mail
and gets this letter, what would you call this? You would say it’s not
an offer because why? Tracy?
48
Tracy:
Is it an advertisement?
49
Prof.:
It’s very likely that it is an advertisement, although I’m not so sure
[ . . . ]
 I think there’s something else. In back.
[calling on a student in
back who has raised her hand]
50
Carrie:
Is it a solicitation?
51
Prof.:
A solicitation for what, Carrie?
52
Carrie:
For offers to buy the flour.
53
Prof.:
Sure, sure. A solicitation for offers, which is another way of saying
[ . . . omitted material (47 sec. total turn time) . . . ] 
It’s trying to get
you to come in and- yeah?
54
Gwen:
What about, say, in computer magazines where they have like very
specific, detailed- or the camera magazines where they have a
specific full page with all the prices of every model number, and it’s
still not an offer?
55
Prof.:
All right, why not? There’s actually quite a good answer to why not
[ . . .  omitted material (.30 total turn time) . . . ]
 What’s the answer to
why this is not an offer?
56
Jane:
Because you only have a limited amount of items that you can sell,
and if tons of people respond to your thing saying, “I accept,” you
only have one car that you can sell. You can’t-
57
Prof.:
All right, you’ve got the street-level understanding of why the ad is
not an offer. Let’s put it in terms of offer under contract law. Why is
it not an offer under contract law? And think of the reasonable
person test.
58
Nat:
It’s also not addressed to anyone specific.
59
Prof.:
Well, the fact that it’s not addressed to a specific person doesn’t
necessarily mean- I mean one of the things you’re bouncing this off
is the