b

ISSUE: IS THERE A CONTRACT?
o RULE: CONTRACT NEEDS AN OFFER

ISSUE: IS THERE AN OFFER

Issue/Rule: Clear? (Pepsico)
o Facts in this case that relate to clear offer

Arguments about why the facts would or would not
make the offer unclear

Issue/Rule: Absurd? (Pepsico)
o Facts in the case that relate to absurd offer

Arguments about why the facts would or would not
make the offer absurd

Issue/Rule: Illusory (Lucy v. Wood)
o Facts in the case that relate illusory offer

Arguments about why the facts would or would not
make the offer illusory
o RULE: CONTRACT NEEDS ACCEPTANCE

ISSUE: IF THERE IS AN OFFER, IS THERE ACCEPTANCE?

Issue/Rule: Mirror image rule? (Livingstone/Megadeth)
o Facts in case that relate to mirror image rule

Arguments about why the facts would or would not
create a mirror image problem with the acceptence

Issue/Rule: Mailbox Rule? (Livingstone)
o Facts in case that relate to the mailbox rule

Arguments about why the facts would or would not
satisfy the mailbox rule

Issue/Rule: Silent Acceptance (Restatement 69)
o Facts in case that relate to silent acceptance

Arguments about why the facts would or would not
create a silent acceptance problem

ISSUE: IF THERE IS AN OFFER AND ACCEPTANCE, IS THERE
CONSIDERATION?

Issue/Rule: Consideration = Accrue something or give something
up? (hamer v sidway)
o Facts in case that relate Consideration

Arguments about why the facts would or would not
count as consideration

Issue/Rule: Promise to pay after an act has already been
performed that benefited the promisor (Wyman and McGowan)
o Facts in case that relate to a promise being made after an
act was already performed

Arguments about why the facts would or would not
count as a promise being made after an act where
the act benefited the promisor

Issue/Rule: Implied Consideration (Lucy V Wood)
o Facts in case that relate to implied consideration

Arguments about why the fact would or would not
create an implied consideration

ISSUE: IS THERE MUTUAL ASSENT