Class 5 - The signifiance of a writing Flashcards
What are the different forms of acceptance?
(1) An offer may invite or require acceptance to be made by an affirmative answer in words, or by performing or refraining from performing a specified act or may empower the offeree to make a selection of terms in his acceptance.
(2) Unless otherwise indicated by the language of the circumstances, an offer invites acceptance in any manner and by any medium reasonable in the circumstances.
Can we have a contract even if some elements are missing?
YES
The court can supply some informations.
NOTE : of the payment term is not written, court will say that the payment have to be in cash.
What is a requirement contract?
a contract between a supplier (or manufacturer) which agrees to sell all the particular products that the buyer needs, and the buyer agrees to purchase the goods exclusively from the supplier.
What is an output contract?
An output contract is an agreement in which a producer agrees to sell his or her entire production to the buyer, who in turn agrees to purchase the entire output.
Do parties have an obligation to negotiate?
YES, it is well established that parties have an obligation to negotiate.
In Empress Towers v. Bank of Nova Scotia, the landlord has breached the contract not because he didn’t agree, but rather because he didn’t negotiate in good faith.
Do an agreement to agree and an agreement to negotiate are enforceable?
NO
What is the mail box rule?
The moment you put your acceptance in the mail box = You have accepted the offer, and the contract is on.
Acceptance by mail : unless the offer provides otherwise (a) an acceptance made in a manner and by a medium invited by an offer is operative and completes the manifestation of mutual assent as soon as put out of the offeree’s possession, without regard to whether it ever reaches the offeror ; but (b) an acceptance under an option contract is not operative until received by the offeror.
If you don’t want the mail box rule to apply, be the master of the acceptance.
What happened in Byrne & Co v. Leon Van Tienhoven?
Facts : Offer on the 1 Oct, revocation on the 8, Offer received on 11 Oct, revocation received on the 21 Oct.
So Offer - revocation - acceptance of offer - receive of revocation
Answer : the withdrawal of the offer was ineffective as a contract had been constructed between the parties on October 11 when the plaintiffs accepted the offer in the letter dated October 1. On this basis, it was held that an offer for the sale of goods cannot be withdrawn by simply posting a secondary letter which does not arrive until after the first letter had been responded to and accepted. The court gave judgment for the plaintiff and awarded that the defendant paid their costs.
What to remember from Hallwell Securities v. Hughes
The postal rule does not apply in situations where a notification of acceptance has been specified.
What to remember from Parker v. The Southeastern Rwy
(1) I cannot assent to things that I don’t know they exists. (2) I cannot be forced to assent to things after the making of the contract.
If the person receiving the ticket did not see or know that there was any writing on the ticket, he is not bound by the conditions; that if he knew there was writing, and knew or believed that the writing contained conditions, then he is bound by the conditions; that if he knew there was writing on the ticket, but did not know or believe that the writing contained conditions, nevertheless he would be bound, if the delivering of the ticket to him in such a manner that he could see there was writing upon it, was, in the opinion of the jury, reasonable notice that the writing contained conditions.
What to remember from Chapelton v Barry UDC
Nothing on the front of the ticket that bring his attention to the fact that this ticket was conditional.
What to remember from McCuteheon v. MacBrayne
In general : If you sign a document you are bound to it, even if you don’t read the document, and even if you read, but didn’t understand.
Here : No evidence that he agreed to these terms, and in addition he didn’t sign. You have to prove that he knew them, but here he didn’t signed them.
What to remember from Thorton v Shoe Lane Parking
The ticket is actually no part of the contract because arises after the contract has been made.
When is a revocation valid?
A revocation is only valid when it is received. Because the mailbox rule doesn’t work for revocation.
What is the rule for the location of where a contract is made?
The general rule of contract law is that a contract is made in the location where the offeror receives notification of the offeree’s acceptance.
Exception : “where when contracts are to be concluded by post the place of mailing the acceptance is to be treated as the place where the contract was made.”
