Professional Documents
Culture Documents
Arbitration private
Court Hearings public
Other ways of rebutting contractual agreement can say agreement is
subject to contract (not a contract until put into writing), subject to formal
agreement drawn up by solicitors, or subject to solicitors approval.
Past Consideration is no consideration Re McArdle: Renovations on a house
were completed, after completion agreement was made in regards to payment.
Payment never made. Held promise to make payment after consideration had
been performed, therefore the promise to make payment was not binding.
Consideration price of a promise in return, can arise in an exchange of
promises.
Promise can only be enforced if the opposing party receives something in return.
Determining whether an agreement has been made the courts usually decide
this. 99% of the time if they can see that someone has made an offer and the
offer has been accepted by the other party.
AGREEMENT = OFFER + ACCEPTANCE
An offer can be revoked/ withdrawn any time before its acceptance; acceptance
may also be withdrawn any time before it has been communicated to the person
whom made the offer.
Offeror person making offer
Offeree person who offer is made to
On the phone/ face to face agreement is made, there and there as it is
communicated instantaneously.
Postal Rule (exception) when you are accepting an offer and acceptance is
put in the post, your acceptance is deemed to have taken place when you put
the offer in the post not when it reaches or is communicated to the offeror. The
offeror may or may not know that he/she has a contract if the acceptance is in
the mail. Under these circumstances if they were to sell to another offeree they
would be held in a breach of contract and be liable for damages.
An offer is an indication that a person intends to be bound by (the terms of) the
offer if the offer is accepted by the offeree(s).
An offer must not be ambiguous Harvey v Facey: Selling property the person
wanting to buy it said what would I have to pay to buy the property, owner said
would accept... enquiry by person who wants to buy, owner arguably saying
want to sell. Not really an offer as the owner was ambiguous.
Invitation to treat invited to make an offer to the owner.