contract
contract law agreement: objective test of intention to agree offer must be matched by other's acceptance requirement of certainty of agreement parties have intention to create legal relations
enforce promise: consideration promise is contained in a deed promissory estoppel (claimant has relied on defendant's promise)
reliance theory: consistent with the harm principle (prevent harm on others) restitution interest has strongest claim (2units of injustice) (only show why there is contract law, unimportant)
Contract law-----Treitel
Agreement: first requisite of contract-- reach agreement made when one party accepts an offer made by the other further requisite-- agreement must be certain &final
1. Offer
a) Offer Defined
- The objective test Offer: an expression of willingness to contract on specified terms, made with the intention that it is to become binding as soon as it is accepted by the person to whom it s addressed. An apparent intention to be bound may suffice. The alleged offeror may be bound if: words or conduct induce a reasonable person to believe that he intends to be bound, even if he has no such intention.
- The offeree's state of mind Whether A is actually bound by an acceptance of his apparent offer depends on the state of mind of the alleged offeree B. 1. B believes that A intends to be bound-> objective test satisfied, B can hold A to his apparent offer even A did not have the intention 2. B knows that A does not have the requisite intention-> A is not bound, objective test is not in favour of B as he knows the truth of A's intention 3. B has no view about A's intention, neither believes that A has requisite intention nor knows that A does not have intention-> objective test should not be applied
- Conduct as an offer An offer may be addressed either to an individual, a groups of persons,
enforce promise: consideration promise is contained in a deed promissory estoppel (claimant has relied on defendant's promise)
reliance theory: consistent with the harm principle (prevent harm on others) restitution interest has strongest claim (2units of injustice) (only show why there is contract law, unimportant)
Contract law-----Treitel
Agreement: first requisite of contract-- reach agreement made when one party accepts an offer made by the other further requisite-- agreement must be certain &final
1. Offer
a) Offer Defined
- The objective test Offer: an expression of willingness to contract on specified terms, made with the intention that it is to become binding as soon as it is accepted by the person to whom it s addressed. An apparent intention to be bound may suffice. The alleged offeror may be bound if: words or conduct induce a reasonable person to believe that he intends to be bound, even if he has no such intention.
- The offeree's state of mind Whether A is actually bound by an acceptance of his apparent offer depends on the state of mind of the alleged offeree B. 1. B believes that A intends to be bound-> objective test satisfied, B can hold A to his apparent offer even A did not have the intention 2. B knows that A does not have the requisite intention-> A is not bound, objective test is not in favour of B as he knows the truth of A's intention 3. B has no view about A's intention, neither believes that A has requisite intention nor knows that A does not have intention-> objective test should not be applied
- Conduct as an offer An offer may be addressed either to an individual, a groups of persons,