S 2 A - offer acceptance and writing

S 2 A - offer acceptance and writing - S 2 A - Offer and...

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S 2 A - Offer and Acceptance, Writing Contract – a promise or set of, that the law will enforce Offer – tentative promise made by one party, the offeror, subject to a condition or containing a request to the other party, the offeree 1 Once offer is accepted the offer is transformed into a contract and both parties are bound by the terms of the contract 2 An invitation to do business is not an offer to make a contract 3 Form of the offer not as important as is the sense understood 4 Offers can be expressed by conduct without words 5 An offeree cannot accept an offer until she is aware of it 6 Crossed offers – two offers sent unknowingly to each other, there is no contract until one party replies to the other indicating acceptance 7 Cannot be required to pay people who do work for us without our knowledge, entitled to an offer which may be accepted or rejected 8 If unsolicited goods are received, no legal obligation in respect unless recipient expressly acknowledges acceptance of offer, without acknowledgement the sender has no cause for action regarding the unsolicited goods Standard form contract – 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 Subject to: 1 Required notice of terms – an offeree is not bound by terms of a contract if they were not reasonably informed of the terms, if offeror makes reasonable attempt to inform of the terms of contract at the time of the formation of the contract , then the terms are binding 2 Unusual or unexpected terms – an offer may contain an unexpected term which may not be binding if the offeror did not bring sufficient notice to that particular term (in cases of visual acceptance of terms), in cases of signed contracts there is a stronger presumption that the offeree has accepted all terms of the contract Lapse – termination of an offer when the offeree fails to accept it within a specified time, or if no time is specified, then within a reasonable time, an offer may lapse in the following ways: 1 failure to accept within time specified in the offer 2 failure to accept within reasonable time if no time limit specified a. subject to other circumstances including wording to indicate urgency 3 when either of the parties dies or becomes insane Notice of Revocation – an offeror may revoke an offer at any time before acceptance, even when it has promised to hold the offer open for a specified time, must reach offeree before they have accepted for revocation to be valid. Court will consider the offer revoked if it would be unreasonable for the offeree to suppose that the offeror still
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intended to stand by its offer. May be bound to keep offer open for specified period of
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This note was uploaded on 12/10/2011 for the course COMM 393 taught by Professor Elaine during the Spring '10 term at The University of British Columbia.

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S 2 A - offer acceptance and writing - S 2 A - Offer and...

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