Before Offer and Acceptance

Before they reach the point of offer and acceptance, parties may negotiate, and, as they do so, they may make representations and promises about what they will do if and when the reach the point of creating a contract through offer and acceptance.

The representations and promises made during negotiation can give rise to liability even if the parties never reach the point of offer and acceptance.

Hoffman v. Red Owl Stores illustrates the idea.

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