offer and acceptance Flashcards

1
Q

what happens in offer and acceptance?

A

if offer accepted, agreement reached, becomes binding resolution

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2
Q

pros?

A

simplest form of non-adj ADR, greatest possible way of saving time and money

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3
Q

do contractual principles apply?

A

yes

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4
Q

when is it most ideal?

A

limited number of issues to avoid misunderstandings about agreed terms

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5
Q

when is it not ideal?

A

complex cases

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6
Q

why not ideal for complex cases?

A

exploration of offer may lead to a further exchange of letters and confusion of terms

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7
Q

what is the offer protected by?

A

without prejudice privilege=confidential=cannot be referred to in court

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8
Q

how can parties refer to an offer in relation to courts discretion of costs?

A

make it an open offer or without prejudice save as to costs

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9
Q

how to obtain the best possible advantages as regards costs?

A

offer should comply with terms of CPR Part 36

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