88 F.Supp.2d 116 (S.D.N.Y. 1999), aff’d 210 F.3d 88 (2d Cir. 2000).
- When is summary judgment proper in the context of contract formation?
- What standard is applied in determining whether some communication constitutes an offer?
- Is an advertisement an offer?
- Summary judgment is proper when the words and actions that allegedly formed a contract are so clear that reasonable people could not differ over their meaning.
- Whether something constitutes an offer is determined under the objective reasonable person standard.
- No. The general rule is that an advertisement does not constitute an offer.
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