Offer and acceptance Essays

  • Offer And Acceptance Analysis

    2805 Words  | 12 Pages

    assent, they are offer and acceptance. Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. According to the classical system of contract "... to constitute a contract, there must be an offer by one person to another and an acceptance of that offer by the person to whom it is made. A mere statement of a person's intention or a declaration of his willingness to enter into negotiations is not an offer and cannot be

  • Offer And Acceptance Analysis In Contract Law

    2271 Words  | 10 Pages

    Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. An offer is an indication by one person to another of their willingness to contract on certain terms without further negotiations. A contract is then formed if there is express or implied agreement. A contract is said to come into existence when acceptance of an offer has been communicated to the offeror by the offeree. In modern contract law, a formation doctrine

  • Contract Case Study

    953 Words  | 4 Pages

    TechMech Ltd in depth and to decide whether it is an offer or an invitation to treat. According to Keenan & Riches (2007, p. 215), an offer is when a proposal

  • Essential Elements Of A Valid Contract

    1367 Words  | 6 Pages

    contract, such as offer and acceptance, the necessity or otherwise of consideration, the capacity of the parties, the reality of their consent, and so on, exist. Dicey and Morris lay down a simple rule, that ‘the formation of a contract is governed by that law which would be the proper law of the contract if the contract was validly concluded’. In Malaysia, the essential elements of a contract are Offer, Acceptance, Intention to create legal relations, and Consideration. 1 Offer The first element

  • Importance Of The Postal Rule

    1533 Words  | 7 Pages

    communication being carried out only through the postal system. This rule is different from the others, though, as it forms an exception to the general principles of the communication of acceptance. It originated in the English case of Adams v. Lindsell , in the year 1818. The postal rule in England states that a contractual offer, when sent by post, is considered accepted when it is sent-as opposed to when it is received by the receiving party. In India, though, the specifications of this rule are different

  • Contract And Negligence In Business Case Study

    1964 Words  | 8 Pages

    elements require for the formation of a valid contract There have four Essential elements as below. Offer and acceptance: Offer is and acceptance must be a lawful which one of the parties provides an offer and it is in response by the other party. The adjective lawful implies that the offer and acceptance must conform to the rules down in the contract Law. The presence of an offer and an acceptance are a method of dissect the procedure of arrangement to choose whether an agreement has been made and

  • Discuss The Advantages And Disadvantages Of A Valid Contract

    1809 Words  | 8 Pages

    The first element to constitute a valid contract is offer or proposal. An offer is an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed by virtue of Section 2(a) and Section 2(b) of Contracts Act 1950. An agreement must happen between two or more parties when there is expression of willingness to enter into a contract and when it made with a legal intention that it shall be binding

  • Elements Of Contract

    1139 Words  | 5 Pages

    contract are offer, acceptance, consideration and intention to create legal relations. Offer is a statement by one party to a contract that he or she proposes to do something. An offer may be communicated in writing, orally or by conduct. It can be made to a specific person, a class or group of persons and the world at large. Revocation or withdrawal by offeror, rejection by offeree, lapse of time and death would make an offer come to an end. However, ‘invitation to treat’ is not an offer. It is only

  • Postal Acceptance Rule

    731 Words  | 3 Pages

    Introduction It is well established that the general rule governing the acceptance of an offer is that acceptance is not effective until it is communicated to the offeror. But there exists an exception to this general rule which is known as the Postal Acceptance Rule. Although this rule applies to contract formation by post or to modes of distant communications (not instantaneous communication) but the scope and applicability of this rule to the modern forms of communication is still not determined

  • Simon's Contract In The Case Of Carlill V. Carbolic Smokeball

    2098 Words  | 9 Pages

    been a successful offer, acceptance, consideration and intention to be legally bound. To establish whether Simon’s potential contract with Huddersford Bookshop was legally binding, I will detail whether the contract has met these criteria. Firstly, we must establish whether there was an offer made, and if there was, what was the offer? Simon initially saw the book advertised in the monthly catalogue for £625. It is likely that this advert was not sufficient to constitute an offer, and merely forms

  • Traditional Approach To Contract Law

    2036 Words  | 9 Pages

    agreement is created when one party accepts an offer made by the other. Said agreement must then be both certain and final. If the same argument is used to determine that an agreement is the basis of a contract then it will only be normal to assume that an offer and its subsequent acceptance is the root of an agreement. Both bases form an integral part of the traditional approach in contract law. Where an offer allows the person or business to whom the offer is made to reasonably expect that the offering

  • Difference Between Contract And Contract

    907 Words  | 4 Pages

    agreements lack of one or more element that made up them to be a legally binding contract such as offer, acceptance, intention to create legal relations, consideration, certainty and capacity. Nevertheless, unenforceable means that if the parties

  • Contract In Common Law

    2507 Words  | 11 Pages

    elements that makes up a valid contract, mainly Offer, Acceptance, Considerations and Intention to create legal relationships. In the case where any one of the four elements is not present, the contract or agreement would not be a valid one. Offer is an expression of willingness to agree on certain terms and it can be done in various forms such as in writing, orally or by conduct. An offer must be concise. The offeree’s understanding of the offeror’s offer should be the same, according

  • Postal Rule Case Study

    1667 Words  | 7 Pages

    A contract is normally defined as an agreement which is enforceable by law . Offer is also known as a definite obligation or promise to be bound on specific terms and it’s accepted without modification of the content of the offer , otherwise it will become a counter offer which need to be accepted for there to be a contract . The postal rule or the mailbox rule was the creation of common law where post is widely used by us for communication and it also determines the timing of the formation of

  • The Law Of Contract: Carlill V. Carbolic Smoke Ball Company

    1984 Words  | 8 Pages

    contract. The first is “offer” made for the intention to come to be legitimate when the other party accepted. There are three mandatory elements in any agreement: 1. There must be an agreement usually made

  • Five Essentials Of A Valid Contract

    1622 Words  | 7 Pages

    A binding contract is an agreement between two or more parties, giving rise to rights and obligations are recognized and enforceable by law. The five essentials of a valid contract are capacity, offer, acceptance, intention to form legal relations and consideration. Capacity is the first element to form a legally binding contract. The three factors are minority, intoxication and insanity. The three factors have to be present in order the person to enter into a contract. The contract will be unenforceable

  • Contract Law: Three Types Of Misrepresentation In Law

    1790 Words  | 8 Pages

    misrepresentation made in the contract between Mr Smith and Mr Jones. LAW A contract is a legally binding or valid agreement between two parties. The law will consider a contract to be valid if the agreement contains all of the following elements: offer and acceptance; an intention between the parties to create binding relations; consideration to be paid for the promise made; legal capacity of the parties to act; genuine consent of the parties; and legality of the agreement. Statements made over the course

  • Commerce Bridging Mudorch University Commercial Law Case Study

    985 Words  | 4 Pages

    taken place, The legal capacity to enter into a contract, Agreement, Consideration and An intention to create legal relations. For an offer to take place, there must be a person making the offer and there must be a person accepting that offer. (Bachelor of Commerce Bridging Mudorch University Commercial Law: Study Guide) In this case, Lelia is the one making an offer to the world at large by advertising her lost locket and chain on the local newspaper and we can assume that Lelia is fully at fault;

  • Difference Between Bilateral Contract And Unilateral Contracts

    794 Words  | 4 Pages

    This case study is based on contract (or informally known as an agreement in some jurisdictions) that can be enforced by the law between two or more parties to do something or to abstain from doing something. In order for a contract to be formed, the involved parties must get to mutual assent. Therefore, a contract is a mutual agreement, which creates legally binding and duties between the parties. Learning the difference and similarity between different kinds of contracts can help the learners to

  • Essential Elements Of Contract Law

    1102 Words  | 5 Pages

    party to a contract is subjected to exploitation by the other party. Case study The terms laid down between Dilon, and Joe is valid. Dilon has the intention of contracting Joe and thus gives an offer. He writes up his terms and conditions of the contract that he sends to Joe, who fills in indicating acceptance. Joe, through his actions, expresses approval to contract with Dilon. He goes to Parts Co Company to find out about the parts he requires for his job that creates the existence of an implied