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Article
The Option Contract: Irrevocable Not Irrejectable
Catholic University Law Review (1990)
  • Michael J. Cozzillio
Abstract
This Article briefly examines the traditional contract principles governing offer and acceptance, particularly the various means to terminate an offer. It also explores the special circumstances governing option contracts and similar mechanisms utilized to transform a revocable offer into an irrevocable one. Further, this Article reviews Restatement (Second) Section 37 and case law that addresses the question of whether a rejection should terminate an irrevocable offer. It explains why the view articulated by section 37 and its decisional predicates are untenable. Finally, this Article presents an alternative to section 37 that reflects logical compliance with established contract formation principles, while doing no violence to the legal and practical considerations
attending the creation of typical option contracts.
Keywords
  • contracts,
  • commercial law,
  • option contracts
Disciplines
Publication Date
1990
Citation Information
Michael J. Cozzillio. "The Option Contract: Irrevocable Not Irrejectable" Catholic University Law Review Vol. 39 (1990) p. 491
Available at: http://works.bepress.com/michael_cozzillio/6/