contracts
Contract Law Notes
Contracts ‘A’
Offer
Bilateral contracts
Unilateral contracts
Offers to the public at large
What is an offer?
Mere puff
Supply of information
Invitation to treat
Categorizing transactions
Advertisements
a) Advertisements in a catalogue or a curricular
b) Advertisements in newspapers or magazines
c) Advertisements appearing on the internet
d) Display of goods
Auctions
a) Advertisement of auction
b) Auctions with reserves
c) Auctions without a reserve
Tendering
Standing offers
Options
Communication of an offer
Termination of an offer
An offer may be terminated by
a) Revocation by the offeror
b) Rejected by the offeree
c) Lapse of time
d) Failure of a condition subject to which the offer was made
e) Death
Acceptance
Requirements of acceptance
Acceptance must correspond to offer
Offeree must have knowledge of and act in reliance to an offer
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A counter offer is not acceptance
Acceptance must be unqualified
Mere enquiry does not constitute acceptance
Notification to the offerer of the fact of acceptance
Method of acceptance
a) Method of acceptance stipulated by offer
b) Acceptance by silence
c) Acceptance by conduct
Instantaneous communication: Acceptance must be communicated
a) General rule
b) Meaning of instantaneous communication
Postal acceptance rule
a) Statement of the rule
b) Policy behind the rule
c) To what communication does the rule extend
d) Where is the rule displaced
e) Revocation of acceptance prior to receipt
Acceptance in unilateral contracts
Acceptance commonly by conduct
Withdrawal of an offer after acceptance has commenced
Who may accept an offer?
Contract formation: time and place
Instantaneous communication
Post
Certainty and Completeness
Statement of the rule
Facets to the principal
Contracts ‘A’
Offer
Bilateral contracts
Unilateral contracts
Offers to the public at large
What is an offer?
Mere puff
Supply of information
Invitation to treat
Categorizing transactions
Advertisements
a) Advertisements in a catalogue or a curricular
b) Advertisements in newspapers or magazines
c) Advertisements appearing on the internet
d) Display of goods
Auctions
a) Advertisement of auction
b) Auctions with reserves
c) Auctions without a reserve
Tendering
Standing offers
Options
Communication of an offer
Termination of an offer
An offer may be terminated by
a) Revocation by the offeror
b) Rejected by the offeree
c) Lapse of time
d) Failure of a condition subject to which the offer was made
e) Death
Acceptance
Requirements of acceptance
Acceptance must correspond to offer
Offeree must have knowledge of and act in reliance to an offer
Page 9
Page 9
Page 10
Page 12
Page 13
Page 14
Page14
Page14
A counter offer is not acceptance
Acceptance must be unqualified
Mere enquiry does not constitute acceptance
Notification to the offerer of the fact of acceptance
Method of acceptance
a) Method of acceptance stipulated by offer
b) Acceptance by silence
c) Acceptance by conduct
Instantaneous communication: Acceptance must be communicated
a) General rule
b) Meaning of instantaneous communication
Postal acceptance rule
a) Statement of the rule
b) Policy behind the rule
c) To what communication does the rule extend
d) Where is the rule displaced
e) Revocation of acceptance prior to receipt
Acceptance in unilateral contracts
Acceptance commonly by conduct
Withdrawal of an offer after acceptance has commenced
Who may accept an offer?
Contract formation: time and place
Instantaneous communication
Post
Certainty and Completeness
Statement of the rule
Facets to the principal