Offer ( Topic 3) Is a proposal the acceptance of which establishes the existence of an agreement. It shows a promissory intent. In other words, it is a promise to do or refrain from doing something. - Usually upon condition that the other party agrees to do or refrain from doing something else in return. - Harvey v. Facey Harvey sent to Facey a telegram to buy Bumper Hall Pen. He asks Facey to telegram the lowest price. Facey telegram the lowest cash price £900. Harvey says agree to buy for £900. Principle: Offer is more than a mere supply of information - Offer must show promissory intent - Australian Wooden Mills v Commonwealth in where the government ”offer” did not ask anything in the return - Offer is not …show more content…
Jones refused to pay. Principle: Only the person to whom the offer is directed can accept. Revocation by Offeror Revocation is not valid, unless it is communicated to the offeree. Revocation is valid before acceptance. Purported revocation after acceptance has been communicated is a breach. 1. Dickenson v. Dodds Dodds made an offer open until 9 am on the 12 June. On 11, Dodds sell the house to B, and B has told Dickinson. On 12 at 9 am, Dickinson comes bring the acceptance. Principle: The offer can be revoked indirect or via conduct. Acceptance (Topic 4) Is an absolute and unqualified assent to the terms of the offer, made in the manner specified or indicated by the offeror. 1. Master v. Cameron Masters want to buy Cameron farms. They make a document, signed by both party, indicating the future formal contract to buy the farms. Masters having financial difficulties to buy the farms and sued by Cameron. Principle: Agreement to agree later can’t be force able. (Condition 3) Conditional Acceptance is not acceptance. Condition can be precedent or subsequent 1. Parties reach agreement but want terms to be written down 2. Parties reach agreement but performance subject to formal agreement 3. Parties didn’t intend to reach agreement subject to formal contract Subject to acceptance is not acceptance at all Manner of acceptance - Stipulation of the
4. Fourth Possible Offer. Dons response of "You can let me know anytime over the next two weeks. Unfortunately, a few of our residents have passed on so we have several openings right now. Just bring your father in after you've talked with your sister." to Peters request to get back with him the next day could be viewed as an offer by Peter. The communication between the two parties have ended with Don expressing his intent to be bound to a contract by giving Peter a timeframe for which to accept the terms of the contract which had been discussed throughout the conversation. Peter could reasonably expect to have the
Billy is attempting to claim the extra $20,000 and a share in the farm, which he believes he is entitled to. Choy, however, has calculated that the cost of Billy’s school and university fees amount to greater than the promised $20,000 and that the co-owner of the farm would not allow the transfer of a share in the farm.
Mutual promises: If B makes a promise in return for A’s promise, this will confer a benefit on A (because A will have an enforceable legal right to have the promise
A bilateral contract comes into existence at the moment promises are exchanged. True, “promise for a promise”
1. Is there a valid offer? Offer an offer is the manifestation of a willingness to enter into a bargain, in must be done in such a way that another person should understand that his assent to that bargain is invited and will conclude in forming a contract. Pete has to show that Debbie made a promise to him something in exchange for him to do or not to do something than a valid offer will be proven
An offer is the manifestation of the willingness to enter into bargain, so that the offeror understands that he may enter into the bargain freely and that assent to the bargain will complete the transaction. Bill presented an offer to Sara to
Acceptance-This basically means that the terms of the offer have been clearly understood and agreed to through consent and assent and at no time will the terms be changed.
The following case American Agricultural Chemical Co. v. Kennedy & Crawford, 103 Va. 171 (Va.1904) it is expressed that; where the consideration for the promise of one party is the promise of the other party, there must be absolute mutuality of engagement, so that each party has the right to hold the other to a positive agreement. Both parties must be bound or neither is bound. A party making a promise is bound to nothing until a promisee, within a reasonable time, engages to do, or else do or begins to do, the thing which is the condition of the first promise. Until such engagement or such doing, the promisor may withdraw his promise, because there is no mutuality, and therefore no consideration for it.
Acceptance. This basically means that the terms of the offer have been clearly understood and agreed to through consent
This is a legal term that is given to the bargained for exchange between the parties in which a contract is made. This can be something of some value that is passed from one party to the other. In addition each party of the contract will gain some benefit from the agreement as well as incur some obligation in exchange for the benefit received.
‘Acceptance is a definite and unqualified assent to an offer, on all of its terms. Any acceptance given conditionally will not result in a legally binding agreement.’
This agreement plainly relies on upon correspondence between the gatherings and composing, talked words, activities can be. The offer is a man who makes the offeror and offeree acknowledges the offer, the individual must be. It
An offer is defined as: The manifestation of willingness to enter into a bargain, so made to justify another person in understanding that his assent to that bargain is invited and will conclude it (pg. 493). The parties to an agreement are, the offeror and the offeree. The offeror is the party making the offer, and the offeree is the party receiving the offer to enter into an offer. Basically, the offeror promises the offeree
= First of all, the plaintiff accepted that the defendant 's offers starting with making the customer to enter accommodations agreement with CFA in April 98 in reliance on the offer. The plaintiff was then entitled to get all Canon copiers in the dealer 's area for $1 on the expiry of their rental terms in the given agreement. The plaintiff also made a note that the first offer contained an implied term that if the rental agreement terminated prior to its expiry date, the plaintiff could pick the machine for $1 and the amount outstanding under the rental
Acceptance is a final and unqualified expression of consent to the terms of an offer. An offer may only be accepted by the person to whom it is made unless an agent is authorized to accept on behalf of that person. In addition, an acceptance must be made in the manner requested or authorized by the offering party. If the party to whom the offer is made