Contracts/Firm offer: Difference between revisions
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A '''firm offer''' means an irrevocable offer made by a merchant. As a general rule, all offers are revocable at any time prior to acceptance, even those offers that purport to be irrevocable on their face. An exception to this general rule exists under the Merchants Firm Offer Rule:<ref>[http://www.law.cornell.edu/ucc/2/article2.htm#s2-205 Uniform Commercial Code - § 2-205. Firm Offers], Cornell University Law School, Legal Information Institute</ref> | A '''firm offer''' means an irrevocable offer made by a merchant. As a general rule, all offers are revocable at any time prior to acceptance, even those offers that purport to be irrevocable on their face. An exception to this general rule exists under the Merchants Firm Offer Rule:<ref>[http://www.law.cornell.edu/ucc/2/article2.htm#s2-205 Uniform Commercial Code - § 2-205. Firm Offers], Cornell University Law School, Legal Information Institute</ref> | ||
[[Uniform Commercial Code]] 2-205 Firm Offers | |||
An offer (A) by a merchant to buy or sell goods (B) in a signed record that by its terms gives assurance that it will be held open is not revocable for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed three months; Any such term of assurance in a form supplied by the offeree must be separately signed by the offeror. | An offer (A) by a merchant to buy or sell goods (B) in a signed record that by its terms gives assurance that it will be held open is not revocable for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed three months; Any such term of assurance in a form supplied by the offeree must be separately signed by the offeror. | ||
Revision as of 13:09, December 16, 2014
A firm offer means an irrevocable offer made by a merchant. As a general rule, all offers are revocable at any time prior to acceptance, even those offers that purport to be irrevocable on their face. An exception to this general rule exists under the Merchants Firm Offer Rule:[1]
Uniform Commercial Code 2-205 Firm Offers
An offer (A) by a merchant to buy or sell goods (B) in a signed record that by its terms gives assurance that it will be held open is not revocable for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed three months; Any such term of assurance in a form supplied by the offeree must be separately signed by the offeror.
Note: That when the period of irrevocability expires, the offer may still remain open until revoked or rejected according to the general rules regarding termination of an offer.
UCC § 2-205 states that an offer is firm and irrevocable if:
- it is an offer to buy or sell goods
- it is made by a merchant
- it is a signed writing
See also
References
- ↑ Uniform Commercial Code - § 2-205. Firm Offers, Cornell University Law School, Legal Information Institute
