M Civ JI 142.10 Offer - Defined

In order for there to be a contract, there must be an offer by one party, an acceptance of the offer by the other party, and consideration for the offer and acceptance. Mere discussions and negotiations are not a substitute for the formal requirements of a contract. I will now define those terms for you.

An offer to make a contract is a proposal to enter into a bargain, communicated by words or conduct, that would reasonably lead the person to whom the proposal is made to believe that the proposal is intended to create a contract. No particular form of an offer is required, although the essential terms of the contract must be reasonably clear, definite and certain.

Comment

Eerdmans v Maki, 226 Mich App 360 (1997); Consolidated Properties, Inc v Henry Ford Trade School Alumni Ass’n, 7 Mich App 383 (1967); Rood v General Dynamics Corp, 444 Mich 107 (1993); Kirchoff v Morris, 282 Mich 90 (1937).

History

M Civ JI 142.10 was added March 2005.