Contract law Flashcards
what is the most important element of a contract?
agreement
what is agreement made up of?
offer+acceptance
what is the agreement supported by?
consideration
what is an offer?
a clear, unambiguous statement of the terms upon which the
offeror is prepared to contract, should the offeree decide to accept
who is the offeror?
the person who makes the offer
who can be made an offer?
anyone (even those who don’t have the capacity to accpet)
does an offer need to be in writing?
no
what is a bilateral offer?
offers made to a particular person or a particular class of people
what is a unilateral offer?
offers made to the world at large
what must the ‘intention to be bound’ be?
clear, unambiguous and indicate that the offeror is willing to be bound by the terms of their offer
what must an offer consist of?
a definite promise to be bound, provided its terms are accepted
what are some examples of ‘invitation to treat’?
-goods in a shop window
-goods in a self service shop
-advertisements
auctions
-applications for tenders
what do tenders do?
constitute offers, or bids
an advertisement requesting tenders is merely what?
an invitation to treat
who can accept an offer?
Only the person to whom the offer was made is entitled to
accept it
what must the offeree do when making a counter offer?
accept the exact terms proposed by the offeror
Is the fact that the offeree intends to accept the offer is sufficient to form a valid agreement?
no
what is essential when communicating an acceptance of an offer?
that there be an external manifestation of assent
what does the postal rule state?
that acceptance is complete the moment the letter is put in the post box.
what does the postal rule only apply to?
to acceptances sent using the official
postal service
the postal rule only applies to where?
when acceptance is intended, expressly or impliedly, to be communicated by post
what does article 14 of the European Communities
Regulations 2003 provides?
-where the recipient of the services places their order through electronic means, the relevant service provider is to acknowledge receipt of the order without undue delay and by electronic means.
-the order and the acknowledgment of receipt are deemed
to be received when the parties to whom they are addressed are able to access them
what is conversion?
tort of treating someone’s property in a manner inconsistent with that person’s title to the property
