Last shot
Encyclopedia
In the law of contracts, under the last shot rule, a party implicitly assented to and thereby accepted a counter-offer by conduct indicating lack of objection to it. In addition to being based on a questionable notion of implied assent, the last shot rule tended in practice to favor sellers over buyers, because sellers normally “fire the last shot” – i.e., send the last form.
- See also:
- Battle of the forms
- Offer and acceptanceOffer and acceptanceOffer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. Agreement consists of an offer by an indication of one person to another of the offeror's willingness to enter into a contract on certain terms without...