a) An agreement to agree are when the parties seeking to contract agree to the material terms of the contract at a later date. As long as the parties act as though they are bound to the agreements, a modern court will enforce the agreement to agree. Here, it seems that both parties sought a contract, but still had to iron out the material terms.
b) The requirement of definiteness requires the following: identification of the parties, object and subject matter of the contract, the consideration, and the time of payment, delivery or performance. Here, it looks like all those terms were met with the exception of what would happen to the frozen food line. Unless there was a clear manifestation of intent to contract on that issue, a court will not fill in the blank.
c) A revocation occurs when an offeror, in this case Jack, withdraws his offer. He can do this as long as the other party has not accepted his offer. Revocation can either be express or it can implied through performance. In this case, Jack is not revoking the entire offer; rather, he is bringing up a term that had not (apparently) been decided on yet.
d) An unequivocal acceptance means that the other party accepts the mirror image of Jack's contract. If they accept his terms, including his decision to retain the frozen food line if he wishes, then this would be an unequivocal acceptance.
• When considering whether or not the offer was revoked before Tanya received the actual notice from Dennis we need to know whether or not Tanya's office is an agent acting on behalf of Tanya. Unless Tanya owns the office or she was buying the auto for the business, then the office is not considered an agent for Tanya.
• In this case since Dennis made the offer to Tanya through her office, it may be interpreted as an agent for Tanya. The offer was extended via Tanya's office. Therefore the revocation of the offer via fax dated two days before Tanya accepted the offer legally revoked the offer before Tanya accepted it.
• Hence no contract existed because he had revoked his offer prior to Tanya's acceptance.
Unfortunately for A, she has entered a binding contract. Here, the offer was the e-delivery of a newsletter. Consideration consisted of the delivery of the newspaper in exchange of the subscriber price. A had the opportunity to read the agreement before subscribing, but chose not to read it. Thus, she is bound to the contract.