offer and acceptance Flashcards
what happens in offer and acceptance?
if offer accepted, agreement reached, becomes binding resolution
pros?
simplest form of non-adj ADR, greatest possible way of saving time and money
do contractual principles apply?
yes
when is it most ideal?
limited number of issues to avoid misunderstandings about agreed terms
when is it not ideal?
complex cases
why not ideal for complex cases?
exploration of offer may lead to a further exchange of letters and confusion of terms
what is the offer protected by?
without prejudice privilege=confidential=cannot be referred to in court
how can parties refer to an offer in relation to courts discretion of costs?
make it an open offer or without prejudice save as to costs
how to obtain the best possible advantages as regards costs?
offer should comply with terms of CPR Part 36