Chapter 3: Defiteness, offer and acceptance

Question 1

what are the basic elements of an offer? Additional elements?

Answer 1

1. Intention to create a legally bounding agreement
2. sufficient agreement
   Aditional elements? In common law : CAUSA and for Civil law: Consideration

Question 2

The deftness of the contract?

Answer 2

agreement not treated as an agreement unless not basic elements have been agreed upon both parties
For example in French civil code: Price and object has to be established

Question 3

When does a contract come into existence?

Answer 3

when the offerree consents to the offer made by the offeror

Question 4

what does invitation to treat mean?

Answer 4

if requirements of an offer are not met - it enters in negotiations ( invitation to treat) .

Question 5

What is the reasonable test and it it vague

Answer 5

when the language of Ann offer is not clear and maybe it is confundido con un invitation to treat, the reasonable test enters. It refers to see if a ‘reasonable person’ can infer that an offer has been made. It is vague because who established ‘reasonable’

Question 6

what is termination of offer

Answer 6

when the offer ceases to exist

Question 7

the 5 ways to terminate an offer

Answer 7

1. Expiration of the time
2. Rejection
3. Counteroffer
4. Revocation
5. Withdrawal

Question 8

Explain expiration of the time?

Answer 8

The offer finishes when the time established by the offeror for the offeree has extinguished

Question 9

what happens if no fixed deadlines have been established? in terms of termination of an offer

Answer 9

1. establish a ‘reasonable time’: the reasonable time depends upon 3 factors:
   a. Type of communication
   b. nature of the goods - perishable goods or not
   c. price -fluctuate price or stagnant?

Question 10

explain express rejection

Answer 10

the offer terminates when the offerree expresses its rejection

Question 11

explain counteroffer?

Answer 11

offer terminates, but an offer is made by the offeree

Question 12

explain revoke

Answer 12

when the offeror intends ti ve no longer bound by its offer

Question 13

explain the different approaches to revocation of an offer

Answer 13

under German law - the offeror can’t revoke the offer before the deadline established for the offeree to accepts. He must wait for the deadline to expire to revoke the offer
Under English law - the offeror can revoke the offer, even before the deadline. Principle of CONSIDERATION - promise is binding ir the offeree also promises something in return. So as there is no consideration, the offer is not binding and can be revoked
Under German law: it is an intermediate. The offer can be revoked before the deadline, however the offeror has to pay compensation if any damage made to the offeree

Question 14

Withdrawal of an offer?

Answer 14

retirada de la oferta. Takes place when the offer has not reached the offereee yet or at the same time. The withdrawal simply cancels the offer as it was never made

Question 15

Concept of acceptance

Answer 15

The offeree accepts and offer made by the offeror. Contract is born

Question 16

different ways of acceptance

Answer 16

writing, oral words, conduct made without words

Question 17

Explain the prescribed method of acceptance

Answer 17

A way is prescribed method, where the offeror states in its offer how to accept that offer. e.g to accept this offer send me an email. normally, if the offer is accepted however not done as it specifically prescribed not valid. However it has some exceptions for example if the offeree accepts the offer however he does not follow the indications .. TU SBS LO QUIERO DECIR

Question 18

Is silence sufficient to accept an offer? Exceptions?

Answer 18

normally, it is not sufficient - has to be accompanied by other actions
excepcional cases: previous negotiations. In French law that is called ‘Circumstantial silence’

Question 19

what do all jurisdictions concur that a proposal to the public mounts to an offer

Answer 19

only when the offeree could reasonably believe that an offer has been made

Question 20

under French law what is the approach to an advertisement?

Answer 20

under French law - an advertisement is seen as binding, the same as if that offer was made to a particular person EXCEPTIONS: cualidades personales: alquiler de casa, contratos laborales

Question 21

under German and English law what is the approach to an advertisement

Answer 21

it is not seen as an offer, only as a mere invitation to treat. Invited customers to enter negotiations

Question 22

what is the reason why FR and GER/BR take different approaches at policies? (advertisements)

Answer 22

Fr: it aims to protect the customer
GER/BR: aims to benefit the offeror and the seller, as they must decide if they want to negotiate or not

Question 23

la dificultad del sistema de ingles / aleman en tema de anuncios

Answer 23

A veces, el anunciante puede querer estar obligado a su propuesta solo con la aceptación, sin necesidad de más negociación. Ejemplos típicos son la oferta de una recompensa por encontrar una mascota perdida. Si estas fueran solo invitaciones, no surgiría un contrato vinculante al encontrar la mascota. Es inherente a estas declaraciones que el anunciante busca quedar obligado ante posibles destinatarios

Question 24

Under FR law, what does the law makes you do under promises of reward

Answer 24

if the conditions were fulfilled, the promisor must pay the reward as promised

Question 25

Under English law, what does the law makes you do under promises of reward?

Answer 25

under English law, these cases are seen as unilateral contracts. the promise of reward is treated as an offer which is accepted by the performance of an act

Question 26

under German law, what does the law makes you do under promises of reward?

Answer 26

regards the announcement as an independent judicial act, whoever undertakes what is necessary, is entitled to the reward. This places the reward outside contract law

Question 27

Store windows and online advertising : English VERSUS French law

Answer 27

English law: the customer a English and German supermarket actually makes the offer to buy to the cashier - is up to the cashier to accept that offer
France : the client has already accepted the offer when he has selected the product