law part 2

law part 2 - Formation of a Contract Offer and Acceptance...

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Formation of a Contract: Offer and Acceptance, Writing Page: 93-108 The Role of Contract Law There is often great inequality between parties to contracts in terms of bargaining power, expertise, and intelligence, and in some situations there is no opportunity whatever to bargain: many unfair contracts are made. The rules of contract law are subject to human frailties; sometimes they lead to unintended or unjust results – and it may seem beyond the ability of the legal mind to work out a fair solution for a clearly difficult problem. The Nature of the Contract “The most popular description of a contract that can be given is also the most exact one, namely that it is a promise or set of promises which the law will enforce.” The Nature of an Offer Offer : A tentative promise made by one party, subject to a condition or containing a request to the other party Offeror : The person making the offer. Offeree : The person to whom the offer is made. When the offeree accepts the offer by agreeing to the condition or request, the offer is transformed into a contract. o These are simply merchandising or advertising devices to attract customers and to start negotiations for a contract of sale. o Newspaper advertisements to sell goods at a certain price are generally mere invitations to the public to visit the place of business with a view to buying. o An advertisement to sell a fixed number of items at a fixed price to those who accept first, an offer of a reward for information or for the return of a lost object. The Communication of an Offer An offeree cannot accept an offer until she is aware of it. o The finder is not entitled to the reward because she did not act in response to the offer, and therefore did not accept it. o A person for whom work has been done without his request, and without his knowledge, may well benefit from it; but as he has not accepted any offer to do the work, he has no contractual obligation to pay for it.
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Business Practices and Consumer Protection Act: 1. A consumer has no legal obligation in respect of unsolicited goods or services unless and until the consumer expressly acknowledges to the supplier in writing his or her intention to accept the goods or services. 2. Unless the consumer has given the acknowledgment referred to in subsection (1), the supplier does not have a cause of action for any loss, use, misuse, possession, damage or misappropriation in respect of the goods or services or the value obtained by the use of the goods or services. An Offer Made by Tendering a Written Document to the Offeree Standard Form Contracts: Their Risks and Benefits o Standard Form Contract: An offer presented in a printed document or notice, the terms of which cannot be changed by the offeree, but must be accepted as is or rejected. o
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law part 2 - Formation of a Contract Offer and Acceptance...

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