Is it still a contract even if it is described by a party as &quot;not a contract&quot; even if adhesion law applies between multiple parties? Suppose two parties have a relationship that might be a contract under U.S. law. Suppose one party is an individual and the other is not, so that if it's a contract it would be a contract of adhesion, thus with any ambiguities to be interpreted in favor of the individual. Suppose in all respects the relationship is a contract except for one possible issue, which is that the party who is not an individual says it's not a contract. Is it a contract? (I ask because I increasingly see in advertising or promotion that a company says that you can have their service without a contract and I'm dubious.)
You can have agreements that are not contracts As such, there are not legally enforceable as contracts but may be enforceable under non-contract law. Examples of such non-contractual agreements include social agreements, statutory duties, memorandums of understanding, agreements to distribute cocaine etc. However, that’s not what you have here “No contract” agreements for things like internet or phone services are contracts - the “no contract” terminology is advertising fluff to indicate that the contracts are one-off or short term and don’t lock the customer into a long-term contract. The term “contract” is being used in a generally understood way as meaning a long-term binding commitment not in a strict legal way where virtually every commercial transaction is a contract
TOS are a contract. If you have a contract through the App, you have incorporated the TOS as a term of your contract. Contracts mean what they say they do, what you are thinking of as "basic contract law" is actual just an ordinary and customary term that people in your industry usually make a part of the contract, not contract law itself.
The question reads: I see an NDA as a pseudo-public document, something you need to read in detail before you acknowledge and opt-in to limit rights (discussion of topic/tech). Unfortunately for this view, the law normally sees an NDA as a private contract, except when it is alleged that it violates public policy. If an NDA explicitly or implicitly includes itself in the list of things not to be disclosed, then posting it would be a violation of the contract. In such a case the party posting the agreement would be subject to whatever consequence the agreement specifies for violation, unless that person had a valid defense. The operator of a web site where the document might be posted would not normally ne a party to the agreement, and so would not be liable for hosting it, unless some other limitation applies, beyond the NDA itself. An NDA can indeed be a significant limitation on the signer's freedom to discuss certain topics, and a person would be wise to consider it in detail, and perhaps consult a lawyer, before signing one. But that does not mean that the person should post or distribute it publicly, nor that the person is automatically entitled to consult NDAs that others have signed. There are sufficient sample NDA forms available that a person can compare an offered NDA with other possibilities, and get an idea if an offered NDA goes beyond the usual terms.
The agreements are already binding Can a minor make a contract? John has a reasonable time after becoming an adult to void any ongoing contracts; if John continues to receive the benefit of or perform his obligations under any contracts he entered as a child after that reasonable time, they are no longer non-binding. Such an announcement as you describe would not prevent John from voiding voidable contracts in the future. The people who theoretically benefit from the announcement have not given John any consideration for it so they cannot hold him to this promise.
Law (regardless of its type) supersedes contract, provided it has jurisdiction over the persons bound by that contract. Contract provisions that are counter to law are generally held to be void. State law has authority over an employer's policies or hand book. However, there may be exceptions in state law (so I would double check). A frequent exception (at least in California law, which I am most familiar with) is for very small businesses. Another exception, from C.R.S. § 8-4-101(5), is if you are considered a "contractor" rather than an employee, per the government's determination. It is possibly worth your time to let you employer know of this conflict before termination if possible, so that they can adjust their policies, rather than in an adversarial position after termination, if only to avoid the headache.
Offer and Acceptance For a contract to be a contract there must be an intention on both parties to create legal relations - this is usually considered in terms of an offer and acceptance. When Website Co makes an offer to the world, you accept it by clicking the ToS acknowledgement and using the service. This is explicit acceptance of the offer. The ToS contain provisions that Website Co may amended or replace the ToS by giving you notice, when this happens the contract is still in force as the contract contemplattes its own variation: it doesn't need to be varied by another contract. They do allow you to opt out of the contract by no longer using the service but they are not obliged to do so. The ToS do not contain provisions allowing you to modify them. Therefore when you write to them you are making an offer to vary the contract. They can accept it explicitly or by conduct. They won't accept it explicitly. They aren't engaging in any conduct that is not already subject to the existing contract so they aren't accepting it by conduct.
You say the permission was "public", therefore I am going to assume that it cannot be argued that there was no agreement. There are two possibilities: If Company B has given consideration for the promise then there is a binding contract and Company A may be able to end it but could not seek redress for when it was in place. If there is no contract then the principle of promissory estoppel should have essentially the same effect. An agreement, including an IP licence, does not have to be in writing nor does it have to have any particular form.
If the party to whom the offer letter is issued fails to take any step towards fulfilling its end, can it be argued that there was no meaningful acceptance as for all intents and purposes, no part of the offer that was 'accepted' has been performed? There was acceptance — the successful bidder communicated its acceptance to the government body and therefore made a promise to pay the deposit. All the elements of a legally binding contract are met: 1. Offer The offer letter from the government body. 2. Acceptance Self-evident in your question. The successful bidder communicated that it had accepted the offer from the government body. 3. Consideration Ordinarily, this would be the deposit. In this case, since the deposit was never sent, the consideration is both the promise (from the bidder) to submit the deposit and the counter promise (from the government party) to give whatever the contract stipulates the bidder will get from the government party. 4. Intent to create legal relations Not evidenced in the question, but we can generally assume this based on the evidence that both sides are commercial parties. Therefore, can the government body 'rescind' the offer and argue that there was no contract to begin with because there was no 'acceptance'? No. The offer was accepted by the bidder so there was 'acceptance', and all the other elements of the contract stand too (there was consideration, etc.). Conclusion The bidder likely breached the terms of the contract. This could potentially be a repudiatory breach allowing the government body to choose to end the contract if they wanted (by &quot;withdrawing&quot;). At the very least, the government body would be entitled to sue the bidder for breaching the terms, but there is no legal position of &quot;the contract doesn't exist&quot; from my perspective.