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Common Law Contract Question, invalid offer

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MDC29

Member
In general, under common law, if an offer to perform a service does not specify the time of performance, then the offer is not valid, correct?

Next, suppose the offeree accepts the invalid offer and some issue arises due to the fact that the time of performance was not specified (offeror takes an unreasonable amount of time to perform service, performs service incorrectly..)

What happens in this case? Is the contract invalid? Is the offeree required to pay?

The basic question here is what happens in the case that an offeree accepts an invalid offer and some issue arises as a result of the offer being invalid?
 


justalayman

Senior Member
Dax;2800672]In general, under common law, if an offer to perform a service does not specify the time of performance, then the offer is not valid, correct?
no

Next, suppose the offeree accepts the invalid offer and some issue arises due to the fact that the time of performance was not specified (offeror takes an unreasonable amount of time to perform service, performs service incorrectly..
)

What happens in this case?
a lot more info is needed to venture any sort of guess.

Is the contract invalid?
ibid

Is the offeree required to pay?
ibid

The basic question here is what happens in the case that an offeree accepts an invalid offer and some issue arises as a result of the offer being invalid?
if the contract is not valid, it cannot be enforced. If it is a valid contract and either party refuses to perform as agreed, then the other party would have to sue seeking specific performance or damages.
 

MDC29

Member
According to the rules for an offer to be valid, time of performance (among other elements) must be specified in a common law service contract. At least, that's what my book says :) So if the offeree accepts an invalid offer, does that set aside the fact that the offer was invalid to begin with? This is very confusing.
 

Mass_Shyster

Senior Member
According to the rules for an offer to be valid, time of performance (among other elements) must be specified in a common law service contract. At least, that's what my book says :) So if the offeree accepts an invalid offer, does that set aside the fact that the offer was invalid to begin with? This is very confusing.
Your book appears to be incorrect, or you are misinterpreting it.

If the time of performance is not specified, a reasonable amount of time understood.
 

MDC29

Member
Right, a reasonable amount of time, to be decided by the court. In a home improvement service contract, if nothing is heard from the service provider for two months after the homeowner accepts his proposal, the homeowner goes on vacation to come back home to find that the service provider did the work, and the work did not match the terms of the contract 100%, shouldn't the time of performance element come into play?
 

justalayman

Senior Member
why? the work under the contract was done. When the time would be an issue would be if you attempted to cancel the contract citing it had been an unreasonable amount of time.
 

tranquility

Senior Member
and the work did not match the terms of the contract 100%, shouldn't the time of performance element come into play?
The two are not related. However, to the bolded portion, the classic case is:

Jacob & Youngs v. Kent, 230 N.Y. 239 (1921)
 

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