Legal Question in Business Law in Colorado
What would be more likely to invalidate an OFFER in a business setting?
a. Offeror SECRETLY does not intend follow through with the offer.
b. Offeree is not be able to accept the offer.
The core of the question is this... Does the Offeree's inability to accept or accommodate the terms of an offer make the OFFER invalid?
1 Answer from Attorneys
Like most legal answers this one is going to have several answers based upon the facts. I am assuming you are talking about a contract, either written or oral. Many contracts need to be written to be enforceable in the first place, for more on this research the Statute of Frauds.
However for any contract to be valid you need what is called a "meeting of the minds." Where there was a reasonable belief on both sides that there was in fact intent to form a contract. So if the offeror did not intend to follow through but the reasonable offeree did not know then you would likely still have a contract. Likewise if the offeree could not follow through but the offeror did not know that then you could still have a contract. For more specific advice, speak with an attorney and give more details. Hope that helps.
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