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Source Offer and Acceptance Virginia Bar Exam Topic Index Matched to this deck.

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After a deal breaks down, one party sues for relief and the other resists enforcement. A seller promised to keep an offer open while the buyer made costly preparations. The disputed action was partly authorized but exceeded an important limitation. The parties disagree about the legal effect of those facts. Which option gives the best analysis?

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Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements. The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Offer and Acceptance and apply it to the operative facts. Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument. Import a rule from a nearby issue instead of applying the rule triggered by these facts.

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