ContractsIntermediateCalifornia Exam

What is a 'counter offer' and what is its legal effect on the original offer?

AIt modifies specific terms while keeping the rest of the original offer; the original offer remains active
BIt is a rejection of the original offer and a new offer; the original offer is extinguishedCorrect
CIt extends the original offer's expiration date
DIt creates a binding contract on the modified terms immediately

Why It is a rejection of the original offer and a new offer; the original offer is extinguished Is Correct

Answer B: It is a rejection of the original offer and a new offer; the original offer is extinguished

A counter offer is both a rejection of the original offer and a new offer on modified terms. The original offer is extinguished and can no longer be accepted.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

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