Texas Contract Law Practice Exam 2025 – The Complete All-in-One Guide to Mastering Your Exam!

Question: 1 / 400

How is an offer defined under Texas law?

An invitation to negotiate.

A proposal intended to create a legal obligation upon acceptance.

Under Texas law, an offer is defined as a proposal intended to create a legal obligation upon acceptance. This understanding is fundamental in contract law, where the essential elements for forming a legally binding agreement include an offer, acceptance, and consideration.

An offer must be clear enough that, upon acceptance, it results in a binding and enforceable contract. The essence of an offer is its ability to indicate the offeror's intent to be bound by specific terms once the offeree accepts those terms. This principle aligns with the fundamental purposes of contract law, which is to uphold agreements that parties intend to enforce.

While an invitation to negotiate signifies a willingness to discuss terms and conditions without committing to a contract, it does not demonstrate the same level of intent to create a legal obligation as an offer does. Likewise, a statement of intent without legal obligations lacks the specific terms needed to form a contract. Lastly, a request for payment or consideration is generally a part of the offer but does not define what an offer is by itself. Thus, the comprehensive nature of an offer includes the intention to create binding obligations upon acceptance, making option B the correct choice.

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A statement of intent without legal obligations.

A request for payment or consideration.

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