Introduction[ edit ] An option is the right to convey a piece of property.
The person granting the option is called the optionor scenariu contractual de opțiune or more usually, the grantor and the person who has the benefit of the option is called the optionee or more usually, the beneficiary. Because options amount to dispositions of future property, in common law countries they are normally subject to the rule against perpetuities and must be exercised within the time limits prescribed by law.
In relation to certain types of asset principally landin many countries an option must be registered in order to be binding on a third scenariu contractual de opțiune.
Application of option contract in unilateral contracts[ edit ] The option contract provides an important role in unilateral contracts. In unilateral contracts, the promisor seeks acceptance by performance from the promisee. In this scenario, the classical contract view was that a contract was not formed until the performance that the promisor seeks was completely performed.
This was because the consideration for the contract was the performance of the promisee. Once the promisee performed completely, consideration was satisfied and a contract was formed and only the promisor was bound to his promise. A problem arose with unilateral contracts because of the late formation of the contract.
With classical unilateral contracts, a promisor can revoke his offer for the contract at any point prior to the promisee's complete performance. The promisor had maximum protection and the promisee had maximum risk in this scenario.
The modern view of how option contracts apply now provides some security to the promisee in the above scenario. The promisor impliedly promises not to revoke the offer and the promisee impliedly promises to furnish complete performance, but as the name suggests, the promisee still retains the "option" of not completing performance.
The consideration for this option contract is discussed in comment d of the above cited section.
Basically, the consideration is provided by the promisee's beginning of performance. Case law differs from jurisdiction to jurisdiction, but an option contract can either be implicitly created instantaneously at the beginning of performance the Restatement view or after some "substantial performance".
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It has been hypothesized that option contracts could help allow free market roads to be constructed without resorting to eminent domainas the road company could make option contracts with many landowners, and eventually consummate the purchase of parcels comprising the contiguous route needed to build the road. However, an option contract can be sold unless it provides otherwiseallowing the buyer of the option to step into the shoes of the original offeree and accept the offer to which the option pertains.
In particular, Oliver Hartp.