Law an Offer and Acceptance - Essay Example

Comments (0) Cite this document
Summary
Law on Offer and Acceptance Name: Institution: Offer and Acceptance A contract is a legally binding agreement made between two or more parties; be it natural persons or a corporate body, which is enforceable in a court of law. The existence of a contract requires at the most basic level is the presence of an offer and an acceptance…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.9% of users find it useful
Law an Offer and Acceptance
Read TextPreview

Extract of sample "Law an Offer and Acceptance"

Download file to see previous pages An offer can be defined as an expression of a willing to contract, on particular terms which becomes binding, upon the acceptance of the one to whom it was directed to. The expression of a contract generally means the form in which the contract is embodied in. It could be expressed in a letter, in the traditional sense, an email, fax and construed from the conduct of the offeror communicating the main grounds for the contract terms. The case of Smith v Hughes defines what entails intention to create legally binding agreement entails. It was held that the court objectively deduct an intention, not on the basis of the offeror’s intention per se but on the premise of what a reasonable man would construe as intention. However, beyond the classic definition of an offer being a bilateral expression of willingness to contract; there are instances in which the court has interpreted unilateral contract and held that they were legally binding. An excellent example emerges from the case of Calil v Carbolic Smoke Ball Company. In this case, the smoke ball company, made an advertisement in the newspaper stating that it will give a reward of 100 pounds for anybody who used the smoke ball as prescribed and still gets influenza, a cold or a related disease. Calil on seeing the advertisement bought the smoke ball used it as per the instructions and, when she contracted the influenza she proceeded with the lawsuit. Lord Lindley, held that it emerged from the conduct of the offeror a waiver of the offeree duty to notify them acceptance from the nature of the public advertisement; and thus an acceptance by Calil was held to be valid thus they were instructed to pay the price of 100 pounds. There are cases in which an offer may be confused with an invitation to treat. An invitation to treat is not an offer, but an invitation of a negotiation of terms of a contract. This was illustrated in the case of Harley v Facey where the owner of some property had indicated that he was willing to sell his property at a certain rate. The person to whom this was directed took it as an offer and moved to court to enforce the said offer. It was held that it was an invitation to treat thus, made with the intention of receiving offers. There are four kinds of invitation to treat in common law in common law. One is an auction, where a bid is held to be an offer for the auctioneer to either accept or reject. In Payne v Cave, D made the highest bid for an item in an auction but withdrew the bid before the fall of the hammer. It was held that the bid was an offer and thus revocable before acceptance. Acceptance occurs at the fall of the hammer. An advertisement is also an invitation to treat and not an offer. In the case of Partridge v Crittenden, D made an advertisement for the sale of a protected species of birds and was sued under respective Act. It was held that the advertisement was a mere invitation to treat and not an offer. Exhibition for goods for sale like it is done in supermarkets constitute an invitation for customers to make offers and are not offers in itself. In the case of Fisher v Bell where it was held, displaying goods with the price on them was an invitation to treat and receive offers which the shopkeeper could either accept or reject. An invitation for tenders is the last example of invitations to treat and not an offer. Response to the tenders is the offers that the person who advertised the tenders can either accept or ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Law an Offer and Acceptance Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from https://studentshare.org/law/1448799-contract-and-acceptance-law
(Law an Offer and Acceptance Essay Example | Topics and Well Written Essays - 1500 Words)
https://studentshare.org/law/1448799-contract-and-acceptance-law.
“Law an Offer and Acceptance Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/law/1448799-contract-and-acceptance-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Law an Offer and Acceptance

Principle on offer and acceptance in law: the Case of Celia

...Principle on offer and acceptance in law: The Case of Celia The principle of offer and acceptance is used in business law to enforce a contract. A contract is a word of mouth or written down document the promising to satisfy a certain condition or act. Generally, disputes on contracts arise due to failure of one party to fulfill their promises. For a contract to be valid there must be an agreement which is composed of offer and acceptance. Offer and acceptance is used to form a contract.iAccording to Taylor, offer is the willingness of a party to enter...
4 Pages(1000 words)Essay

Offer and Acceptance. Intension to Create Legal Relations

...?Common Law Part Question Offer and Acceptance The offer and acceptance typically take place during the negotiations for a contract. The courts analyse the offer and acceptance to determine whether or not the parties indeed negotiated and concluded a legally binding contract.1 The exchange of offer and acceptance between Tom and Belinda depend on whether or not the offer and acceptance formed a legally binding agreement. In this regard an offer and acceptance will form the basis of a legally binding and enforceable...
11 Pages(2750 words)Essay

Offer and acceptance in english contract law

...? OFFER AND ACCEPTANCE IN ENGLISH CONTRACT LAW 18 March OFFER AND ACCEPTANCE IN ENGLISH CONTRACT LAW Introduction Contracts are agreements, between parties, that are enforceable in a court of law. A number of factors determine enforceability of agreements that qualifies a contractual agreement as valid, void, or voidable. Offer and acceptance, as components of an agreement, are some of the elements of a valid contract. A contract is therefore valid if, among other essential elements, all the rules that pertain to offer and acceptance are honoured. This...
10 Pages(2500 words)Essay

Offer and acceptance

.... If the stated means is not used, then the offeree may not claim breach of contract by the offeror incase there is no response. To understand the formation of a contract in commercial law, it is important that we understand into details the components of what makes a contract enforceable legally. In this reference, we are going to look into details what constitutes an offer and acceptance in the formation of a contract, the distinguishing factor between an offer and invitation to treat with reference to presence or absence of an offer to warrant acceptance communication. Offer It is normally made by the offeror to the...
8 Pages(2000 words)Essay

Law. Offer and Acceptance

...? Law Case Introduction This case is about offer and acceptance. A contract exists when an offer is made by one part and accepted by the other; offer and acceptance makes a contract legally binding. Once the parties have gone through an offer and acceptance under the rules applied, the parties are obliged to fulfill their promises. When the party accepts the offer it is generally assumed that all negotiations have been done and the part unconditionally accepts the offer. Hence, there is no halfway through, either there is...
5 Pages(1250 words)Essay

Offer & Acceptance

...Topic: Offer & Acceptance English: UK Your Elements of the law of contract August 19, 2008 Answer: This question raises some issues from offer and acceptance. In order to The Aylesbury Borough Council (ABC) it is necessary to consider five things. First, an offer has been made or invitation to treat, secondly, if an offer has been made, the offeree has unequivocally accepted this offer. Thirdly, the acceptance been communicated effectively though it is a reward case. Fourthly, whether the acceptance is deemed to have been effective or not depend upon at...
7 Pages(1750 words)Article

Contract Law on Offer and Acceptance

...Contract Law on Offer and Acceptance The case presented here involves validity of offer and acceptance by the parties involved. Brenda only made an invitation to treat by posting an advertisement on her website. Hence hers was not a valid offer capable of being accepted. Andrew's reply to the advertisement of Brenda in effect was an offer to be accepted by Brenda. Brenda's blunder in offering at an unimaginable price of 50 instead of 500 could be successfully avoided because hers happended to be an invitation to treat. Andrew's belated acceptance of ...
10 Pages(2500 words)Case Study

Acceptance Under Contract Law

...Contract law July 5, 2005. Consideration, Offer and Acceptance under Contract law. Introduction: Roger refuses to pay Magda Contractors the extra amount of 5000 pounds that he orally agreed to pay in return for completion of the renovation of his house on time. He also refuses to pay his friend Mohammed a sum of 200 pounds that he promised to pay for decorating his front bedroom. However, Roger has sold some articles for 1000 pounds to Nature magazine, but orally agreed to accept 900 pounds instead, because he was desperate for money. Roger now seeks legal advice on the following: (a) Is he obliged to pay Magda Contractors and...
7 Pages(1750 words)Essay

Critically discuss the application of traditional rules of offer and acceptance in English contract law in the context of (i) standard term contracts; and (ii) electronic communications

...The Application of Traditional Rules of Offer and Acceptance in English Contract Law in the Context of Standard Term Contracts and Electronic Communications Introduction Offer and acceptance rules analysis are traditionally applied in contract law determine the existence of an agreement between two parties. The agreement between the parties is comprised of an offer indicated by one person (“offeror”) to another (“offeree”). In this case, the offeror should be willing to engage in the contract on specific terms without negotiation. The existence of the contract starts once the offeree communicates the acceptance of the offer to the offeror. The formula of offer and acceptance was formulated in the nineteenth century and it is used... to...
6 Pages(1500 words)Essay

Offer and acceptance

...OFFER AND ACCEPTANCE Bert cannot hold Alf liable for selling the computer to Charles despite an agreement to keep the offer until Sunday because the agreement was unenforceable for lack of consideration. Advertisements, like display of products, do not usually constitute an offer, but is merely regarded as ‘invitation to treat.’ In Harris v Nickerson, 1 a person advertised in a newspaper that he will display for auction certain items for three days in a certain place. The plaintiff travelled to the specified place to make a bid, but the items were withdrawn on the third day of the auction dates. The High Court held that the advertisement did not constitute a legitimate...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Law an Offer and Acceptance for FREE!

Contact Us