Contract 1 offer
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Offer is an expression of willingness with intention to become legally bound when accepted. An offer may be made to the public and becomes a binding contract upon acceptance. An offer is not an invitation to treat or negotiate. Key elements of a valid offer include it being communicated to the offeree and having the intention to create legal relations upon acceptance. Common exceptions to offers being made include advertisements, displays of goods with prices, and auctions which are usually considered invitations to treat rather than binding offers. An offer can be withdrawn or lapse due to time or conditions not being met before acceptance.
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Contract Case law: Offer
This document summarizes several contract case law rulings related to offers:
1) R v Clarke and Taylor v Laird established that for an offer to be accepted, the offeree must have knowledge of the offer and intend to accept it at the time of the alleged acceptance.
2) Partridge v Crittenden, P.S.G.B. v Boots Chemists, Fisher v Bell, and Harvey v Facey ruled that shop displays and advertisements are invitations to treat, not offers, which can be revoked before acceptance.
3) Carlill v Carbolic Smoke Ball Co established that advertisements can constitute unilateral offers in exceptional cases.
Contract Cases - offer, acceptance, legal capacity
those who are taking foundation in law in uitm, this masterpiece contains most of the cases for LAW087.
Introduction to Offer: Advertisement, Auction and Tender
Learning Outcome: After completion of this lesson students will -
a) learn about the general principle relating to offer in case of advertisements of products and auctions placed in newspapers
b) learn about exceptions to the prima facie rules of offer.
Offer
An offer is an expression of willingness to contract made with the intention of becoming binding once accepted. An offer can be made in writing, verbally, expressly, or impliedly. It can be made to a specific individual or group. However, certain pre-contractual communications like advertisements, price displays, and tenders are considered invitations to treat rather than offers. An offer ends upon acceptance, rejection, counteroffer, lapse of time, failure of condition, death of the offeror or offeree, or revocation communicated to the offeree.
Occupiers' Liability - For Revision Purpose Only
one of the chapters in LAW 498 - Law of Torts II
prepared by:
Azrin Hafiz
Bachelor of Legal Studies (Hons) student
Faculty of Law
Universiti Teknology MARA (MARA Universiti of Technology), Malaysia
Equitable doctrines
The document discusses several equitable doctrines including conversion, election, satisfaction, and performance. The doctrine of conversion provides that equity treats property as if it is in the form intended by the owner, such as considering money directed to purchase land as the land itself. The doctrines of election and satisfaction deal with situations where a person receives a benefit from a will but is also subject to an associated obligation. The doctrine of performance allows an act other than what was originally required to be viewed as fulfilling an obligation.
Consideration
Consideration is an essential element of a valid contract. It refers to something of value that is exchanged between parties to a contract in order to make the promise or promises in the contract legally enforceable. Consideration can be in the form of an act, forbearance, or a return promise. It must be something of value that is offered willingly. Common examples of consideration include payment of money, provision of goods or services, a promise to do or refrain from doing something. For a contract to be valid, consideration typically must be present and pass from one party to the other at the time the contract is formed.
Introduction to Offer and Invitation to Treat
After completion of this lesson, students will be able to:
a) define offer and invitation to treat
b) distinguish between the judgments provided in Gibson and Storer Case
Recommended
Contract Case law: Offer
This document summarizes several contract case law rulings related to offers:
1) R v Clarke and Taylor v Laird established that for an offer to be accepted, the offeree must have knowledge of the offer and intend to accept it at the time of the alleged acceptance.
2) Partridge v Crittenden, P.S.G.B. v Boots Chemists, Fisher v Bell, and Harvey v Facey ruled that shop displays and advertisements are invitations to treat, not offers, which can be revoked before acceptance.
3) Carlill v Carbolic Smoke Ball Co established that advertisements can constitute unilateral offers in exceptional cases.
Contract Cases - offer, acceptance, legal capacity
those who are taking foundation in law in uitm, this masterpiece contains most of the cases for LAW087.
Introduction to Offer: Advertisement, Auction and Tender
Learning Outcome: After completion of this lesson students will -
a) learn about the general principle relating to offer in case of advertisements of products and auctions placed in newspapers
b) learn about exceptions to the prima facie rules of offer.
Offer
An offer is an expression of willingness to contract made with the intention of becoming binding once accepted. An offer can be made in writing, verbally, expressly, or impliedly. It can be made to a specific individual or group. However, certain pre-contractual communications like advertisements, price displays, and tenders are considered invitations to treat rather than offers. An offer ends upon acceptance, rejection, counteroffer, lapse of time, failure of condition, death of the offeror or offeree, or revocation communicated to the offeree.
Occupiers' Liability - For Revision Purpose Only
one of the chapters in LAW 498 - Law of Torts II
prepared by:
Azrin Hafiz
Bachelor of Legal Studies (Hons) student
Faculty of Law
Universiti Teknology MARA (MARA Universiti of Technology), Malaysia
Equitable doctrines
The document discusses several equitable doctrines including conversion, election, satisfaction, and performance. The doctrine of conversion provides that equity treats property as if it is in the form intended by the owner, such as considering money directed to purchase land as the land itself. The doctrines of election and satisfaction deal with situations where a person receives a benefit from a will but is also subject to an associated obligation. The doctrine of performance allows an act other than what was originally required to be viewed as fulfilling an obligation.
Consideration
Consideration is an essential element of a valid contract. It refers to something of value that is exchanged between parties to a contract in order to make the promise or promises in the contract legally enforceable. Consideration can be in the form of an act, forbearance, or a return promise. It must be something of value that is offered willingly. Common examples of consideration include payment of money, provision of goods or services, a promise to do or refrain from doing something. For a contract to be valid, consideration typically must be present and pass from one party to the other at the time the contract is formed.
Introduction to Offer and Invitation to Treat
After completion of this lesson, students will be able to:
a) define offer and invitation to treat
b) distinguish between the judgments provided in Gibson and Storer Case
Lecture 10 mistake - notes
Mistakes can affect the validity of contracts in different ways depending on whether the mistake was common to both parties, unilateral, or mutual. [1] For a common mistake, the contract will usually be void if the subject matter does not exist or belongs to one party already. [2] For a unilateral mistake, the contract may be void if the mistaken party did not understand the contract terms and the other party was aware, while for identity mistakes additional conditions must be met depending on if parties were present. [3] For a mutual mistake where the parties misunderstood each other, the contract could be void if an objective reasonable person would not understand it in only one sense.
BreAcH of ConTracT
Breach of Contract is the one of the most important Factors in the effective implementation of the contract done between the parties.
The breaching of contract is the acts that is done against the terms and conditions of the contract that can lead to the termination of the contract.
The breaching can be done by any of the parties.
Contract law lecture - 2 - offer
The document discusses the legal concept of an offer under contract law. It defines an offer and lists its essential elements. It explains that an offer requires two parties - the offeror who makes the offer and the offeree to whom the offer is made. The document outlines different types of offers including express and implied offers, specific and general offers, cross offers, counter offers, and standing offers. It also discusses rules regarding a valid offer and provides examples to illustrate these concepts. The summary provides a high-level overview of the key topics and concepts discussed in the document relating to the formation and types of offers.
Consideration
Estoppel can prevent a party from asserting their strict legal rights (acting as a shield), but it cannot be used to create new legal rights or claims that did not previously exist (acting as a sword).
Offer and acceptance (2)
B accepted the offer but said possession from 1st Aug.
This was held to be a counter offer and not acceptance.
2. Acceptance must be expressed in some usual and reasonable
manner.
3. Acceptance must be communicated to the offeror.
4. Acceptance must be given within a reasonable time if no time
limit is prescribed in the offer.
5. Acceptance must be given by the person to whom the offer is
made or his authorized agent.
6. Acceptance must be according to the mode, if any, prescribed in
the offer.
7. Acceptance of a general offer must be given with knowledge/
notice of the offer.
Consideration (3)
Consideration is something of value that is exchanged between parties to a contract. It is essential for a valid contract. Consideration can be in the form of an act, abstinence from an act, or a promise. It must be something that moves from the promisee at the desire of the promisor. Consideration does not need to be adequate, but it must be real, lawful, and not something the promisor is already obligated to do. Without consideration, there is no valid contract, though there are some exceptions such as natural love and affection or compensation for voluntary services.
Offer and acceptance
1. The document discusses the concepts of offer and acceptance in contract law.
2. It provides definitions and examples of express and implied offers, as well as general and specific offers.
3. The key requirements for a valid acceptance are discussed, including that it must be absolute, communicated to the offeror, and according to the prescribed mode. Silence generally does not imply acceptance.
Privity of Contract
Privity of contract refers to the principle that a contract can only grant rights and impose obligations on the contracting parties.
Under this principle, a person who is not a party to a contract has no right to sue on that contract or enforce any of its terms. However, there are some exceptions where third parties may gain rights, such as if a contract establishes a trust intended to benefit third parties, or if collateral contracts between one party and a third party exist within the subject matter of the main contract.
While privity of contract is the general rule, third parties can also sometimes pursue claims in tort law, such as with negligence actions. An action may also be based on a collateral contract between one party and a
Discharge of contract
This document discusses the various ways in which a contract can be discharged, including:
1) By performance or tender of performance by both parties.
2) By mutual consent through novation, rescission, alteration, remission, waiver or merger.
3) By impossibility of performance, which can be inherent, subsequent, or due to commercial impossibility, failure of a third party, or other events.
4) By operation of law due to events such as death, insolvency, or merger.
5) By lapse of time.
6) By breach of contract, which can be an actual or anticipatory breach.
Importance of carlill v carbolic smoke ball
1) Mrs. Carlill saw an advertisement from Carbolic Smoke Ball Company offering £100 to anyone who got sick with influenza after using its product as directed.
2) Mrs. Carlill purchased and used the product until she contracted influenza, then claimed the £100 as offered. The company refused to pay.
3) The Court of Appeal ruled that the advertisement constituted a binding unilateral contract, with Mrs. Carlill's purchase and use of the product representing acceptance of the offer and consideration for the promise of £100. This established that advertisements can represent offers capable of being accepted.
Trespass to the person
Trespass to the person involves the wrongful invasion of an individual's bodily rights or liberty. It has been replaced by the torts of false imprisonment, assault, and battery, which all involve restricting a person's freedom or liberty without lawful justification. False imprisonment involves unlawfully restraining or confining someone against their will. Assault involves threatening or attempting unlawful physical contact that causes the reasonable apprehension of immediate contact. Battery involves the actual unlawful physical contact with another person. Damages can be awarded for these torts even without proof of physical injury.
Acceptance case
The document discusses 9 cases related to contract law principles of offer and acceptance:
1) Heathcote Ball v Barry established that the highest bid at an auction without reserve creates a binding contract.
2) Thornton v Shoe Lane Parking determined that terms posted after payment at a parking machine were not incorporated into the contract.
3) Entorres v Miles Far East ruled that acceptance of an offer is effective when received, not when sent.
4) Three additional cases addressed issues like battle of forms negotiations, option agreements, and certainty of terms.
5) Carlill v Carbolic Smoke Ball Company established that advertisements can form binding unilateral contracts when conditions are met.
6
Termination of Offer
Learning Objective:
Students will learn how proposals and acceptance are communicated and how those can be revoked
Ll.b i lot u 1 origin, nature and scope of law of tort
This document provides an introduction to the law of torts. It defines a tort as a civil wrong arising from a breach of a duty imposed by law. The essential elements of a tort are a wrongful act, legal damage to another, and a legal remedy. Torts are distinguished from crimes in that torts involve private wrongs and civil actions for compensation, while crimes involve public wrongs and criminal prosecution. Torts are also distinguished from breaches of contract in that tort duties are imposed by law rather than an agreement between parties, and tort damages are unliquidated rather than contractual damages. The document outlines general elements of torts and the differences between torts, crimes, and breaches of trust.
Essentials of proposals and revocation
This document discusses the essentials of proposals and revocation in contract law. It defines a proposal or offer as signifying a willingness to do or abstain from doing something. A proposal must have clear terms, be communicated, intend to create legal relations, and be possible to accept. A proposal can be revoked through notice, lapse of time, death or insanity of the offeror, counteroffer from the offeree, or subsequent illegality. Revocation refers to canceling or annulling something by authority, such as withdrawing an offer before acceptance.
Offer
The document discusses the key differences between an offer and an invitation to treat (offer). It provides examples of each and outlines the essential elements of a valid offer, including that it must be clear, definite, communicated to the offeree, and not contain negative conditions or cross offers. The document also examines different types of invitations to treat like advertisements, exhibitions, auctions, and tenders. It analyzes relevant case law that illustrates when advertisements, auctions, tenders, and exhibitions constitute offers versus invitations to treat.
Contract of guarantee
This document provides an overview of the law of contracts as it relates to guarantees. It defines a guarantee as a tripartite agreement involving a principal debtor, creditor, and surety where the surety assumes secondary liability for the debt if the principal debtor defaults. The document outlines the essential elements of a valid guarantee contract and distinguishes guarantees from indemnity agreements. It also discusses different types of guarantees like continuing guarantees and how continuing guarantees can be revoked. Overall, the document provides a high-level introduction to key concepts regarding guarantees under contract law in 3 sentences or less.
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Meaning of offer
Types of Offer
Meaning and Types of Offer
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legal rules of a valid offer
Contract Case Law: Acceptance
This document summarizes several contract law cases related to acceptance of offers. It discusses cases where purported acceptances were found to be counteroffers, where acceptance was not communicated, where the acceptance needed to be a specific form, and where the accepting party did not have authority. It also covers cases where acceptance was found through conduct instead of words, acceptance of unilateral offers is completed through action, and establishes the postal rule that acceptance is effective upon posting.
An Introduction to Law of Torts: Meaning, Nature and Essential elements
This PPT provides Meaning, definitions and Essential Elements of Torts. It includes relevant case laws as well. It also highlights nature of Torts by bringing differences between torts and other civil wrongs.
Lecture 12 contract law
The document provides an overview of contract law and the tort of trespass. It discusses the key elements needed to form a valid contract, including offer, acceptance, and consideration. It also examines the differences between an offer and invitation to treat. Additionally, the document outlines the different types of trespass, including trespass to the person, land, and goods. It defines these torts and discusses the elements a claimant must prove to succeed in a trespass claim. Defences to torts like battery and false imprisonment are also mentioned.
Invitation to treat and advertisements (pakistani law perspective)
An invitation to treat is an action inviting other parties to make an offer rather than being an offer itself. This distinction is important because accepting an offer forms a contract while accepting an invitation to treat simply makes an offer. Advertisements are generally invitations to treat allowing sellers flexibility, while auctions can be invitations to treat or offers depending on details like reserve prices. In the case of Mr. Ishtiaq v Heaven Furniture, the court ruled an auction advertisement was an invitation to treat rather than an offer since the items were withdrawn before sale so no contract could be formed.
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Lecture 10 mistake - notes
Mistakes can affect the validity of contracts in different ways depending on whether the mistake was common to both parties, unilateral, or mutual. [1] For a common mistake, the contract will usually be void if the subject matter does not exist or belongs to one party already. [2] For a unilateral mistake, the contract may be void if the mistaken party did not understand the contract terms and the other party was aware, while for identity mistakes additional conditions must be met depending on if parties were present. [3] For a mutual mistake where the parties misunderstood each other, the contract could be void if an objective reasonable person would not understand it in only one sense.
BreAcH of ConTracT
Breach of Contract is the one of the most important Factors in the effective implementation of the contract done between the parties.
The breaching of contract is the acts that is done against the terms and conditions of the contract that can lead to the termination of the contract.
The breaching can be done by any of the parties.
Contract law lecture - 2 - offer
The document discusses the legal concept of an offer under contract law. It defines an offer and lists its essential elements. It explains that an offer requires two parties - the offeror who makes the offer and the offeree to whom the offer is made. The document outlines different types of offers including express and implied offers, specific and general offers, cross offers, counter offers, and standing offers. It also discusses rules regarding a valid offer and provides examples to illustrate these concepts. The summary provides a high-level overview of the key topics and concepts discussed in the document relating to the formation and types of offers.
Consideration
Estoppel can prevent a party from asserting their strict legal rights (acting as a shield), but it cannot be used to create new legal rights or claims that did not previously exist (acting as a sword).
Offer and acceptance (2)
B accepted the offer but said possession from 1st Aug.
This was held to be a counter offer and not acceptance.
2. Acceptance must be expressed in some usual and reasonable
manner.
3. Acceptance must be communicated to the offeror.
4. Acceptance must be given within a reasonable time if no time
limit is prescribed in the offer.
5. Acceptance must be given by the person to whom the offer is
made or his authorized agent.
6. Acceptance must be according to the mode, if any, prescribed in
the offer.
7. Acceptance of a general offer must be given with knowledge/
notice of the offer.
Consideration (3)
Consideration is something of value that is exchanged between parties to a contract. It is essential for a valid contract. Consideration can be in the form of an act, abstinence from an act, or a promise. It must be something that moves from the promisee at the desire of the promisor. Consideration does not need to be adequate, but it must be real, lawful, and not something the promisor is already obligated to do. Without consideration, there is no valid contract, though there are some exceptions such as natural love and affection or compensation for voluntary services.
Offer and acceptance
1. The document discusses the concepts of offer and acceptance in contract law.
2. It provides definitions and examples of express and implied offers, as well as general and specific offers.
3. The key requirements for a valid acceptance are discussed, including that it must be absolute, communicated to the offeror, and according to the prescribed mode. Silence generally does not imply acceptance.
Privity of Contract
Privity of contract refers to the principle that a contract can only grant rights and impose obligations on the contracting parties.
Under this principle, a person who is not a party to a contract has no right to sue on that contract or enforce any of its terms. However, there are some exceptions where third parties may gain rights, such as if a contract establishes a trust intended to benefit third parties, or if collateral contracts between one party and a third party exist within the subject matter of the main contract.
While privity of contract is the general rule, third parties can also sometimes pursue claims in tort law, such as with negligence actions. An action may also be based on a collateral contract between one party and a
Discharge of contract
This document discusses the various ways in which a contract can be discharged, including:
1) By performance or tender of performance by both parties.
2) By mutual consent through novation, rescission, alteration, remission, waiver or merger.
3) By impossibility of performance, which can be inherent, subsequent, or due to commercial impossibility, failure of a third party, or other events.
4) By operation of law due to events such as death, insolvency, or merger.
5) By lapse of time.
6) By breach of contract, which can be an actual or anticipatory breach.
Importance of carlill v carbolic smoke ball
1) Mrs. Carlill saw an advertisement from Carbolic Smoke Ball Company offering £100 to anyone who got sick with influenza after using its product as directed.
2) Mrs. Carlill purchased and used the product until she contracted influenza, then claimed the £100 as offered. The company refused to pay.
3) The Court of Appeal ruled that the advertisement constituted a binding unilateral contract, with Mrs. Carlill's purchase and use of the product representing acceptance of the offer and consideration for the promise of £100. This established that advertisements can represent offers capable of being accepted.
Trespass to the person
Trespass to the person involves the wrongful invasion of an individual's bodily rights or liberty. It has been replaced by the torts of false imprisonment, assault, and battery, which all involve restricting a person's freedom or liberty without lawful justification. False imprisonment involves unlawfully restraining or confining someone against their will. Assault involves threatening or attempting unlawful physical contact that causes the reasonable apprehension of immediate contact. Battery involves the actual unlawful physical contact with another person. Damages can be awarded for these torts even without proof of physical injury.
Acceptance case
The document discusses 9 cases related to contract law principles of offer and acceptance:
1) Heathcote Ball v Barry established that the highest bid at an auction without reserve creates a binding contract.
2) Thornton v Shoe Lane Parking determined that terms posted after payment at a parking machine were not incorporated into the contract.
3) Entorres v Miles Far East ruled that acceptance of an offer is effective when received, not when sent.
4) Three additional cases addressed issues like battle of forms negotiations, option agreements, and certainty of terms.
5) Carlill v Carbolic Smoke Ball Company established that advertisements can form binding unilateral contracts when conditions are met.
6
Termination of Offer
Learning Objective:
Students will learn how proposals and acceptance are communicated and how those can be revoked
Ll.b i lot u 1 origin, nature and scope of law of tort
This document provides an introduction to the law of torts. It defines a tort as a civil wrong arising from a breach of a duty imposed by law. The essential elements of a tort are a wrongful act, legal damage to another, and a legal remedy. Torts are distinguished from crimes in that torts involve private wrongs and civil actions for compensation, while crimes involve public wrongs and criminal prosecution. Torts are also distinguished from breaches of contract in that tort duties are imposed by law rather than an agreement between parties, and tort damages are unliquidated rather than contractual damages. The document outlines general elements of torts and the differences between torts, crimes, and breaches of trust.
Essentials of proposals and revocation
This document discusses the essentials of proposals and revocation in contract law. It defines a proposal or offer as signifying a willingness to do or abstain from doing something. A proposal must have clear terms, be communicated, intend to create legal relations, and be possible to accept. A proposal can be revoked through notice, lapse of time, death or insanity of the offeror, counteroffer from the offeree, or subsequent illegality. Revocation refers to canceling or annulling something by authority, such as withdrawing an offer before acceptance.
Offer
The document discusses the key differences between an offer and an invitation to treat (offer). It provides examples of each and outlines the essential elements of a valid offer, including that it must be clear, definite, communicated to the offeree, and not contain negative conditions or cross offers. The document also examines different types of invitations to treat like advertisements, exhibitions, auctions, and tenders. It analyzes relevant case law that illustrates when advertisements, auctions, tenders, and exhibitions constitute offers versus invitations to treat.
Contract of guarantee
This document provides an overview of the law of contracts as it relates to guarantees. It defines a guarantee as a tripartite agreement involving a principal debtor, creditor, and surety where the surety assumes secondary liability for the debt if the principal debtor defaults. The document outlines the essential elements of a valid guarantee contract and distinguishes guarantees from indemnity agreements. It also discusses different types of guarantees like continuing guarantees and how continuing guarantees can be revoked. Overall, the document provides a high-level introduction to key concepts regarding guarantees under contract law in 3 sentences or less.
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Contract Case Law: Acceptance
This document summarizes several contract law cases related to acceptance of offers. It discusses cases where purported acceptances were found to be counteroffers, where acceptance was not communicated, where the acceptance needed to be a specific form, and where the accepting party did not have authority. It also covers cases where acceptance was found through conduct instead of words, acceptance of unilateral offers is completed through action, and establishes the postal rule that acceptance is effective upon posting.
An Introduction to Law of Torts: Meaning, Nature and Essential elements
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Contract 1 acceptance
Acceptance must:
1) Mirror the offer exactly and be communicated through agreed channels.
2) Be communicated to the offeror by the offeree or authorized person for there to be a valid contract.
3) Not be conditional, delayed, or communicated through silence - it must clearly indicate acceptance.
Contract_law_ppt.ppt
This document provides an overview of contract law, specifically focusing on the essential elements of a binding contract, including offer, acceptance, consideration, and intention to be legally bound. It defines an offer as a clear statement of terms that the offeror is willing to do business under, and discusses types of offers like bilateral and unilateral offers. It also examines what constitutes a valid acceptance, including requirements that it mirrors the offer, is firm, and is communicated to the offeror. The termination of offers through refusal, counteroffers, lapse of time, and revocation is also summarized.
Lecture 2 cases on formation of a contract
The document discusses numerous cases related to the formation of contracts, specifically focusing on offer, acceptance, and termination of offers. Regarding offers, cases establish that displaying goods does not constitute an offer, advertisements are generally invitations to treat rather than offers, and bids can be withdrawn before acceptance. Regarding acceptance, cases show that counteroffers reject original offers, silence does not imply acceptance, and conduct can indicate acceptance. Regarding termination, cases demonstrate that offers can be revoked before acceptance.
AIS 2102 Offer in Contract Law
After completion of this lesson students will be able to:
a) define offer
b) distinguish between offer and invitation to treat
c) explain how a proposal is revoked
Lecture 2 agreement chart
This document discusses the formation of a contract through offer and acceptance. It addresses whether an offer has been made, what constitutes a valid acceptance, and how an offer can be terminated. Key points include that a binding contract is formed as soon as a valid offer is accepted, an acceptance must be communicated to be effective, and an offer can be revoked before acceptance by communicating the revocation to the offeror. The document also notes exceptions to these general rules around offer and acceptance.
Lecture 2 formation of a contract
The document discusses the formation of a contract through offer and acceptance. It defines what constitutes a valid offer and acceptance under contract law. Some key points include:
- An offer is an expression of willingness to contract, while an invitation to treat is merely inviting offers.
- For a valid acceptance, the offeree must accept all terms of the offer without variation or new conditions.
- The general rule is that acceptance must be communicated to the offeror to form a binding contract, though there are some exceptions like the postal rule.
- An offer may be terminated by acceptance, rejection, revocation by the offeror, counteroffer, lapse of time, or failure of a condition of the
Case List
This document discusses various legal principles relating to negligence, duty of care, foreseeability, and proximate cause. It also discusses principles of contract law such as intention to create legal relations, offer and acceptance, consideration, terms and conditions, termination, and discharge of contractual obligations. Case law is referenced throughout relating to these different legal principles.
The laws Case
The document summarizes several important cases related to contract law in the UK and India. It discusses key principles such as:
1) The intention to create legal relations and whether agreements between family members constitute a legally binding contract.
2) What constitutes an offer versus invitation to treat and whether displaying goods amounts to an offer.
3) The need for acceptance of an offer to be unconditional and without deviation from the original terms, or it will be considered a counteroffer.
4) Circumstances where performance or conduct can imply acceptance of an offer, such as with rewards, rather than requiring direct communication of acceptance.
sas
The document discusses the legal distinction between an invitation to treat and a binding offer in contract law. It provides the case of Spencer v Harding, where the court established that an invitation for tenders to purchase stock was not an offer capable of acceptance, but rather an invitation to treat. Generally, displays of goods, advertisements of prices, and invitations for tenders or bids are considered invitations to treat rather than offers. An invitation to treat is not a binding promise and the inviter can change their mind, unlike a true offer.
04 c onsideration new
The document discusses the legal requirements for consideration in contracts. It defines consideration as a benefit to one party or detriment to the other. Consideration must be provided by the promisee and can be in the form of an act, promise, or forbearance of a legal right. Consideration does not need to be adequate in value, only sufficient. Exceptions exist for past consideration and certain duties imposed by law or existing contracts when extra benefits are provided.
Law - Chapter 3 cases
Rose & Frank Co v JR Crompton & Bros Ltd - The parties signed an agreement stating it was not a legal contract but a "gentlemen's agreement". When one party refused orders, the other sued but lost because there was no legally enforceable contract.
Foakes v Beer - A debtor agreed to pay off a debt in installments but the creditor could not sue to recover interest because allowing payment over time provided no new consideration for giving up the interest.
Hyde v Wrench - When one party offered to sell land for a price and the other counter-offered a lower price, the second response acted as a rejection and counter-offer rather than an acceptance, so no contract was
BUSINESS LAW UNIT 2-LAW OF CONTRACT.pptx
The document discusses the essential elements required to form a legally binding contract according to business law. It outlines the key elements of offer, acceptance, consideration, intention to create legal relations, certainty and capacity. It defines what constitutes a valid offer and discusses how an offer can be communicated, terminated through lapse of time, rejection or revocation. It also differentiates an offer from an invitation to treat, providing examples of invitations to treat like displaying goods for sale and advertisements.
Lecture 11 misrepresentation - cases
1. This document discusses various cases related to misrepresentation in contracts. It examines different types of misrepresentation including false statements of fact, statements that induce a contract, and different categories of misrepresentation such as negligent or fraudulent misrepresentation.
2. The document also explores the remedies available for misrepresentation, such as rescission of the contract, claims for damages or indemnity. Key cases establish that a misrepresentation must be of a material fact rather than just opinion, and that it must have actually induced the claimant to enter into the contract.
3. The document provides an overview of English law on misrepresentation through analyzing numerous past cases that set precedents on important issues like what constitutes a misrepresentation,
Hyde vs wrench.pptx
- Hyde vs. Wrench was a 1840 English contract law case about counter-offers.
- Wrench offered to sell his farm to Hyde for £1,200, then £1,000 as a final offer. Hyde counter-offered £950, which Wrench rejected.
- Hyde then tried to accept the original £1,000 offer, but Wrench refused to sell. Hyde sued for breach of contract.
- The judge ruled that Hyde's counter-offer rejected Wrench's original offer, meaning there was no contract when Hyde later tried to accept £1,000. The counter-offer cancels the original offer.
Ct 1
This document discusses key concepts relating to contracts, including offers, acceptance, and communication. It defines a contract as a legally enforceable agreement between two or more persons that requires offer, acceptance, and consideration. An offer is a willingness to enter a relationship, which can be accepted, rejected, or revoked. An invitation to treat is a request for offers rather than an offer. For a valid acceptance, the offeree must accept without modification in the manner required by the offeror and communicate it to the offeror. There are exceptions for ongoing commercial relationships, unilateral contracts, and postal acceptance.
Contract 1 consideration
This document discusses the legal requirements for consideration in contracts. It defines consideration as mutuality of agreement where both parties gain or lose something of value. Consideration must be both valuable and move from the promisee. There are exceptions for acts done at the promisor's request or where equitable estoppel applies. The performance of an existing contractual or public duty is generally not valid consideration, though practical benefits may allow contract variation. Equitable estoppel can also prevent a party from going back on a promise if the other party relied on the promise to their detriment.
Lecture 3
This document discusses the key elements of an offer and acceptance in contract law. It defines an offer as a willingness to do something communicated by the offeror to the offeree with the intention of being legally bound if accepted. An acceptance must be an unqualified agreement to all terms of the offer and communicated to the offeror. The document outlines rules for offer and acceptance including certainty of terms, revocation periods, and modes of communication and termination. Examples from case law are provided to illustrate principles such as general offers, counteroffers, and timing of revocation.
Introduction to contract law - offer by Maxwell ranasinghe
This document provides an introduction and overview of key concepts related to the formation of a valid contract under UK law. It defines a contract and outlines the essential elements for a valid contract, including offer and acceptance, intention to create legal relations, capacity to contract, consideration, and adherence to legal formalities. It then examines in more detail the requirements for a valid offer, including that an offer must be definite, communicated to the offeree, and distinguishable from invitations to treat or tenders. The document also discusses how an offer can be revoked or rejected and the requirements for a valid acceptance.
Powerpoints for week_4
This document provides an overview of contract formation. It discusses the key elements required to form a valid contract, including offer and acceptance. It explains that an offer must be communicated and distinguishable from invitations to treat. For a contract to be formed, there must be agreement between the parties which requires a valid offer and acceptance. The document also discusses circumstances in which an intention to create legal relations is implied between parties, such as in commercial contexts, as well as exceptions for non-commercial agreements among friends, family or volunteers.
Hyde vs wrench. pptx
Hyde vs. Wrench was a 1840 English contract law case that established the principle of counter-offers. Wrench offered to sell his farm to Hyde for £1000, but Hyde counter-offered £950, which Wrench rejected. Hyde then tried to accept the original £1000 offer, but Wrench refused. The court found that Hyde's counter-offer terminated Wrench's original offer, so there was no contract. The case established that a counter-offer cancels the initial offer, preventing later acceptance of the original terms.
Similar to Contract 1 offer (20)
Introduction to contract law - offer by Maxwell ranasinghe
Introduction to contract law - offer by Maxwell ranasinghe
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The document discusses the availability of judicial review in various jurisdictions in the Caribbean. It begins by defining administrative law and judicial review, and examining the principles that underpin judicial review in the Caribbean. It notes that judicial review proceedings can be brought in high courts and supreme courts. Several Caribbean countries have also passed specific judicial review legislation. The document then examines in detail the processes for applying for judicial review, including requirements for leave, delays, amendments, costs and determining the correct parties. It analyzes who has standing to bring judicial review applications, including the standards of locus standi and treatment of public interest litigants. Finally, it discusses which decisions and entities are subject to judicial review, such as government bodies, public authorities, statutory
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This document discusses the legal case Baird v Spencer and how it determined that a contract was uncertain and could not be enforced if the terms were unclear from conduct alone without a fully formed agreement. Estoppel, which refers to precluding someone from denying or asserting something contrary to previous statements or actions, could not be used to establish a binding contract if the original terms were ambiguous.
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A contract is a legally binding agreement that creates enforceable rights and obligations between two or more parties. It can be formed orally, in writing, or implied through conduct. There are different types of contracts such as simple contracts, special contracts like land conveyance that must be in writing, and bilateral contracts which involve an exchange of promises. A unilateral contract involves one party making a promise in exchange for an action by another party. Key elements of a valid contract are offer, acceptance, consideration, certainty, and intention to create a legal relationship.
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Contract 1 offer
- 1. Offer
- 2. Offer expression of Offer may be made to the willingness with intention world at large and becomes a that it will become binding contract when someone : (Storer v Manchester – accepts it : Carlill v Carbolic OFFER is NOT AN Offeror sent storer a letter Smokeball CO – co offers INVIATATION TO that he was to just sign smokeballs for influenza and and return if he agreed, indicated that anyone who TREAT which is a intended that it will be uses the smokeball and stage of binding contracted influenza would negotiation and receive some money. Money they had deposited in the comes in different bank which indicates there forms intention for it to be binding. IT MUST BE COMMUNICATED: there can be no consensus ad idem if one mind is unaware and so there can me no mirror image acceptance
- 3. Advertisements are normally invitation to treat (Carlill v smokeball is the exception because it was a unilateral contract) Price Statements is not a Display of Goods with a price contract (Gibson vs ticket is not an offer and is Manchester – were in merely and invitation (Fisher v negotiation, no price had bell) been agreed) Tenders (Harvela Inv v Royal Invitation Trust Co - def placed a tender for the highest bidder. Auctions (is normally a Claimant offered 2175 and Sir to treat request for offers) Leonard a referential bid to beat the claimants, who sought injunction
- 4. Withdraw Counter offer Lapse of Time •Anytime before acceptance •Gibson v Manchester •If there is a time limit •Notice must be given to the •If timing between offer and offeree (Byrne v Van acceptance is unreasonable Tienhoven- def posted an (Ramsgate v Motefiore – offer on 1 oct, revoked it def offered to buy some on 8th, 11 oct P sent shares from plaintiff who acceptance and received took six months to the revocation on 20 – respond. Def refused to contract was valid since pay and court held that revocation must be there was a lapse of time brought to the attention of since 6 months was the offeree – postal rule unreasonable delay applied) between the offer and the acceptance.
- 5. Condition Death •State of affairs for eg •Oferee cannot accept a may offer to sell b offer after notice goods providing he have been given of obtain supplies for the offeror’s death himself. If A cannot obtain the supplies the offer fails because the condition cannot be fulfilled.