(Notes) Contract - Offer and Acceptance

(Notes) Contract - Offer and Acceptance - CONTRACT OFFER...

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CONTRACT – OFFER AND ACCEPTANCE Contracts (Pg 58) Nature of contract Agreement giving rise to obligations which are enforceable by law - All contracts are agreements but not all agreements are contracts - 4 elements = offer, acceptance, consideration & intention to create legal relations Types of Contracts Simple contracts - oral contracts (parol contracts) - written contracts (supremacy of written agreement over oral statements) Parol evidence rule = oral evidence will not be admitted in a court action to add to, vary, amend or contradict written contract Exception: (For eg) contract already has oral terms or that the contract allows it. Special contracts - contracts under seal, deed or indenture do not need consideration Offer (Pg 63) Specific Offeree An offer is an expression made by one party to another party. For an offer to be effective, the offer must be communicated to the offeree . Unilateral Contracts Offeror makes an offer to the whole world; may not know the offeree’s identity immediately. Only 1 conditional promise (made by offeror). Offeree makes no promise, only performs conditions attached to offeror’s promise. Carlill v Carbolic Smoke Ball Co. (1892) – Although the offer is made to the world, the contract is made with that limited portion of the public who came forward to perform the condition on the faith of the advertisement. Invitation to Treat Generally, an advertisement does not constitute an offer. At law an invitation to treat is an invitation to commence negotiations or to make an offer. Accordingly, acceptance of an invitation to treat does not lead to a contract. Partridge v Crittenden (1968). Display of goods and prices in a shop is usually considered to be an invitation to treat also. Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1952) the court held that the display of goods with prices constituted an invitation to treat and the sale took place at the counter in the presence of the pharmacist. Affirmed by the Singapore High Court in Chwee Kin Keong & Others v Digilandmall.com Pte Ltd (2004). Provision of Information A mere response to a request for information does not constitute an offer. Harvey v Facey (1893) – The court held that there was no contract because provision of information was not an offer. Acceptance (Pg 67) An acceptance must be made in writing, orally or by conduct. Whatever its form, communication constitutes an acceptance only if it is an unconditional expression of assent to the terms of the contract. Conditional Acceptance is treated as no acceptance. Must be communicated.
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