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OYUIUWhat is contract law?

A contract is a promise or a set of promises for the breach of which the law gives a
remedy or the performance of which the law in some way recognizes a duty.

What is a valid contract in US law? Điều 117

- a valid contract is an agreement made between two or more parties ( icluding


business organizations) that creates right and obligations that are enforceable by
law.( in US Law)

- 4 elements of a valid contract:

. agreement

. consideration

. contractual capacity

. legal object

When is the offer valid?

3 elements valid offers:

- the offeror must be objectively intend to be bound by the offer.

- the term of the offer must be definite or reasonably certain.

- the offer must be communicated to the offeree.

When dose the offers expired?


If the offer does not specify the length time it is to remain open, then it ends after
the passage of a reasonable period of time. This reasonable period of time depends
on the subject of the potential contract, and its determination varies between
different states

Brief case 1:

1. key facts:
- roberta offers to sell certain land to Emily. This offers is made by a letter, signed
by roberta and mailed on March 1, 1990.

- the offer would be kept open until July 1,1990.

- two week later, roberta sent Emily another letter in which she revoked her offer.

- on June 15, Emily received both letter and then she wrote to Roberta accepting
her offer of March 1.

2. Issue:

- discuss in detail whether there is a valid contract between Roberta and Emily.

- compare with Vietnamese law?

Analysis case 1:

About case: On march 1, 1990, Roberta make an offer to Emily by a letter in


which stated that the offer would be kept open until July 1, 1990. But 2 week later,
roberta revoked her offer. On june 15, emily had received both letter and she
acceppting her offer.

- the offer made between Roberta and Emily was invalid.firstly , in common law,
an offer can be so revoked even if the offeror promised to keep the offer open for a
longer time.In this case, roberta can revoked her offer even if she was stated that
the offer would be kept open. Secondly, an offeror may revoke an offer anytime
prior to its acceptance by the offeree. Cause emily had received both letter at the
same time so the recovery an offer by roberta was legal. This means there’s not a
valid contract between roberta and emily.

Compare with vietnamese law:

2 cases

Following point a- clause 1- article 389-section 7- part 3- chapter XV of the civil


code 2015:

1. An offeror may modify o r withdraw an offer to enter into a contract in the


following cases:
a) If the offeree receives notice of modification or withdrawal of the offer prior to
or at the same time as receipt of the offer;
Therefore the direction of solving this case if applicable Vietnam law will look
like with the application of English law

The original ad was probably an offer for a unilateral contract because it was
specific and there would be no over acceptance problem. BETTY’S 42 offer could
be viewed as a separate offer and not intending to be a rejecting of the ability

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