Professional Documents
Culture Documents
Type
Offer
An agreement, written or otherwise. Gives rise to enforceable legal rights and obligations Can be oral, written, conduct or combi.
Oral
Offeror's intention to be bound if offeree accepts all terms must be communicated
Conduct
Only some have to be in writing in order forit to be binding. e.g. sale and purchase of property, hire-purchase agreements, insurance agreements
THE
ELEM
ENT
OF
Consideration
Acceptance
CONT
Noun, a recompense or payment, as for work done; compensation.
RACT
Past consideration is no consideration. e.g. if A does something for B without any promise from B,
and upon completion of the job B promises $10, A cannot enforce the contract as A's consideration of work is past consideration.
All terms must be accepted w/o qualification
Must be
but need
not be
adequate
Acceptance must be communicated, and writing
willsufficient
not be effective
unless
received
by offeror. Exception: postal acceptance rule. Acceptance is deemed to have taken place
No acceptance if offeree is ignorant of offerDispensed with for contracts made under seal, viz deeds which are "signed, sealed and delivered".
Presumed that there is no intention for the creation of legal relations for social and domestic agreements
Biz and commercial arrangements presumed to have intended legal consequences. If not meant to be binding, must be clearly stated
Princi
ple of
withdr
awing
an
offer