Unilateral Contracts

Cook v. Coldwell Banker/Frank Laiben Realty Co.

Was the unilateral contract enforceable despite the attempt of the defendant to revoke it? yes

Sateriale v. R.J. Reynolds Tobacco Co. (Rule)

Giving an appropriate remedy = The terms of a contract are reasonably certain if they provide a basis for determining the existence of a breach and for giving an appropriate remedy

Restatement §45:

OPTION CONTRACT CREATED BY PART PERFORMANCE OR TENDER

Cook v. Coldwell Banker/Frank Laiben Realty Co. (Rule)

Offeror may not revoke an offer where the offeree has accepted the offer by substantial performance.

Sateriale v. R.J. Reynolds Tobacco Co.

There was a unilateral contract formed, so the breach of contract claim can stand

Restatement §45: OPTION CONTRACT CREATED BY PART PERFORMANCE OR TENDER

(1) Where an offer invites an offeree to accept by rendering a performance and does not invite a promissory acceptance, an option contract is created when the offeree tenders or begins the invited performance or tender a beginning of it. (2) The offeror's duty of performance under any option contract so created is conditional on completion or tender of the invited performance in accordance with the terms of the offer

Unilateral Contract

A contract wherein only one party (the offeror) makes a promise of future performance in exchange for the other party's (the offeree's) actual rendering of performance, rather than a mere promise of future performance