Communication of Offer Flashcards
1
Q
Communication of Offer
A
- If there hasn’t been communication of an offer, we can say that there hasn’t been a meeting of the minds
- Motive in accepting doesn’t matter
2
Q
Acceptance
A
- An acceptance is a final and unqualified expression of assent to the terms of an offer
- Objective Test: does a reasonable interpretation of the words used, and the facts and circumstances demonstrate unqualified assent on part of the offeree?
3
Q
Ratio from Livingstone v Evans?
A
- The making of a counter-offer is a rejection of the original offer.
- An offeror can renew an offer after a counter-offer through ambiguous language
