Option contract

An option contract, or simply option, is defined as "a promise which meets the requirements for the formation of a contract and limits the promisor's power to revoke an offer".[1] Option contracts are common in relation to property (see below) and in professional sports.

An option contract is a type of contract that protects an offeree from an offeror's ability to revoke their offer to engage in a contract.

Under the common law, consideration for the option contract is required as it is still a form of contract, cf. Restatement (Second) of Contracts § 87(1). Typically, an offeree can provide consideration for the option contract by paying money for the contract or by providing value in some other form such as by rendering other performance or forbearance. Courts will generally try to find consideration if there are any grounds for doing so.[2] See consideration for more information. The Uniform Commercial Code (UCC) has eliminated a need for consideration for firm offers between merchants in some limited circumstances.[3]

  1. ^ Restatement (Second) of Contracts § 25 (1981)
  2. ^ "Examples and Explanations for Contracts, 7e", Brian Blum, 2017 p. 104 [p. 109 in PDF version]. Wolters Kluwer.
  3. ^ "Uniform Commercial Code - § 2-205. Firm Offers". Cornell University Law School, Legal Information Institute.

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