Offer and Acceptance Flashcards
Is contract law under public or private law?
Private Law
There are 4.
List other types of Private Law.
Family, Property, Tort, Unjust Enrichment
There are 4.
List other types or Public Law.
Constitutional, Admin, Tax, Criminal
legally binding relationship
Define Contract Law.
Agreements made with others under law giving rise to obligations enforced or recognised by law.
Define an Offer
reaching an agreement of 2 stages
(a) offer and (b) acceptance
must have an exchange in value or a conditional value
must have the capacity to contract
When does a proposal amount to an offer?
If there is intent to contract if accepted and the content of the contract is clearly defined
unilateral offer
an offer made to the world in general
bilateral offer
made to a particular person or particular group of people
define consideration and give an example
exchange in value, without it the contract is not legally binding - e.g. goods given in exchange for money
define intention
intention to be legally bound to a contract
why is intent sometimes looked over? what is the exception?
if you have consideration it is automatically assumed there was intent - except for domestic agreements
Expressed Terms are…
terms that ae actually agreed on in the contract, some are more important than others, this is decided by the court
conditions are…
the most important terms of a contract