the person making the proposal is called the and the person accepting the proposal is called
LectureNotes said the person making the proposal is called the and the person accepting the proposal is called?
Answer:
In the context of contractual agreements, which is often discussed in legal studies (a common topic on educational platforms like LectureNotes), the terms used to describe the parties involved in the proposal and acceptance process are:
- Offeror: The person or party making the proposal.
- Offeree: The person or party accepting the proposal.
Further Explanation
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Offeror:
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The offeror is the individual or entity that initiates the offer. This is the party that sets forth the terms and conditions upon which they are willing to enter into a binding agreement. The offer can be for goods, services, or any other kind of business or legal arrangement.
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Example: In a job offering scenario, the employer is the offeror, as they are the ones proposing the terms of employment.
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Offeree:
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The offeree is the individual or entity that receives the offer. This party has the option to accept, reject, or counter the offer. Acceptance of the offer leads to the formation of a binding contract, provided all other legal elements are met (such as consideration, legal purpose, and mutual assent).
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Example: In the same job offering scenario, the potential employee is the offeree, as they are the ones receiving and deciding whether to accept the terms of employment proposed by the employer.
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Contract Formation
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Offer:
- An offer must be clear, definite, and communicated to the offeree. It outlines the desire of the offeror to enter into a contract.
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Acceptance:
- Acceptance must mirror the terms of the offer exactly (this is known as the “mirror image rule”). Any alteration to the terms constitutes a counteroffer rather than acceptance.
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Consideration:
- Both parties must provide something of value to the other (consideration) to make the agreement enforceable.
Example in Contract Law:
- Scenario:
A seller offers to sell a car to a buyer for $10,000. The seller in this case is the offeror who presents the terms of the agreement (the sale of the car for $10,000). The buyer, upon receiving the offer, becomes the offeree, who can either accept the offer (agree to pay $10,000 for the car), reject it, or propose a new term (e.g., offering $9,000, thereby making a counteroffer).
In summary, understanding who the offeror and offeree are is crucial in contractual agreements and many educational resources, including LectureNotes, provide detailed explanations and examples to help students grasp these fundamental legal concepts.