1. Agreement I Flashcards
Give the three requirements of an offer:
It must be Certain.
Be addressed to the Offeree.
Show intention to enter into a legal relationship.
Give Treitel’s definition of an offer:
“An offer is an EXPRESSION of willingness to contract on specified TERMS made with the INTENTION that it is to become legally binding as soon as it is ACCEPTED by the person TO WHOM it is addressed.”
Give 3 ways an offer can be communicated:
In writing.
Orally.
By Conduct.
“An offer remains open until it is terminated or accepted”
Give 3 ways termination can occur:
Rejection.
Revocation.
Lapse.
Give 3 alternative ways of rejecting an offer (other than just saying no).
Counter offer (Hyde v Wrench)
Battle of the forms (Butler Machine Tool v Ex-Cell-o Corp.)
Requests for further information (Stevenson, Jaques v McLean)