Also known as: proposes a commercial transaction · proposed a commercial transaction · proposing a commercial transaction · offer · proposal
Written by attorneys · grounded in primary & secondary sources — see below
An offer to enter into a business deal for the exchange of goods or services for consideration.
Patrick Phan faces assault charges after a fight that began when he proposed a commercial transaction to sell equipment to the alleged victim. Phan offers evidence of the victim's pertinent trait of aggression. The court admits the evidence under the rule and allows the prosecutor to rebut it.
Parker Phillips, a director of Phoenix Technologies, proposes a commercial transaction involving a new product line. The articles of incorporation limit the duty to offer the opportunity to the corporation. The board disclaims interest through qualified directors under the required procedures.
Select any source to read its text and confirm it supports the definition.
Pearl Porter, counsel in a commercial litigation matter, learns that a witness will offer testimony about a proposed commercial transaction that she knows is false. She refuses to offer the evidence and takes remedial measures including disclosure to the tribunal.
Priscilla Parks offers to buy inventory from Paragon Construction in a proposed commercial transaction. Paragon begins performance by delivering part of the goods. The delivery operates as acceptance of the offer under the rule.
Pulse Media proposes a commercial transaction in a contract dispute and must prepare its pretrial disclosures. The party lists each document and exhibit it expects to offer along with those it may offer if needed.
Peter Park is tried on charges arising from a failed proposed commercial transaction. After the government closes its evidence the court grants his motion for judgment of acquittal because the evidence is insufficient to sustain a conviction.
Speech qualifies when it does no more than offer to enter into a business deal for goods or services. A newspaper editorial urging readers to buy a product is commercial speech while an editorial about public issues is not. The distinction determines whether the Central Hudson test applies to government regulation.
Such an ad may not qualify because it fails to propose a specific transaction. The definition requires an offer to enter a business deal. Modern advertising that avoids direct proposals receives less certain treatment under the commercial speech doctrine.
In-person solicitation for profit carries an inherent risk of deception and may be prohibited even if it proposes a commercial transaction. The Court has upheld bans on such solicitation by attorneys and other professionals. True advertising that is not inherently deceptive receives greater protection.
…be an allegation and evidence which show, that an accused was offered counsel but intelligently and understandingly rejected the offer. Anything less is not waiver." See also Glasser v. United States , 315 U. S. 60 (1942). Moreover, where in-custody interrogation is involved, there is no room for the contention that the…