FINDING AN OFFER – Context is Important

• Examine statement (offer) in context it was made
• On essay exam-discuss impact of the facts surrounding potential K.
• Consider trade usage (price quotation on goods in one industry may constitute offer even though it would not in some other)
• Subject matter must be legal

Test: Whether a reasonable person in position of offeree believes that only his expression of assent is necessary to form binding agreement (objective standard.)