class notes - sept 25 - offer

class notes - sept 25 - offer - Schroeder faxed lease on...

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Offers lapse when: 1 The time specified in offer expires 2 A ‘reasonable time’ has passed in eyes of court if no time limit given 3 The offer is rejected by offeree 4 The offer is revoked prior to acceptance (withdrawn by offeror) 5 A counter-offer is made (any change to the terms of the original offer) 6 Either of the parties dies or becomes insane Livingstone vs Evans page 22 of supplement Livingstone is correct, Evans by saying ‘Cannot Reduce; was found to have renewed the original contract for 1800 and was liable to fulfill it. Under specific performance, Evans receives the land and Williams will obtain monetary compensation. Montane vs Schroeder p 73 There is no Contract until the event is fulfilled or the subject is removed. Subject to is receipt of existing lease by date.
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Unformatted text preview: Schroeder faxed lease on Sept 8 th On the subject to removal document, Montane added a notation for S to provide inspection documents Issue: is the addendum a repudiation (contract null) or inquiry (contract open) Acceptance Must be mirror of offer Must be unequivocal acceptance of ALL terms without change Phone – when words are heard Fax – no law, put terms of acceptance in offer Email – no law Snail mail – postal acceptance rule, if offer come by mail without stipulation or reasonable to accept by mail or if mail is stipulated, then acceptance is complete when the letter is posted Forum selection clause – stipulating the jurisdiction of the contract...
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class notes - sept 25 - offer - Schroeder faxed lease on...

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