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Common Law - Essay Example

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An agreement is reached when there are offer and acceptance. Besides, there should be an “intention to create legal relationship” as held in Balfour v Balfour.1 Before…
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Common Law
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Download file to see previous pages Once this process ceases, the parties are supposed to reach an agreement or abandon the process without an agreement. The traditional way of ascertaining whether or not an agreement has been reached is to apply the rules of offer and acceptance. An offer, when properly made by one party and accepted by another party, an agreement is said to take place. That is, on acceptance or at the moment of communication of acceptance, to be more precise. Though the process is simple, it raises several questions as to whether an offer has been made at all and who the offeror is.An offer can be made at auctions, tenders, by price list or advertisements. But these are not strictly offers but invitation to treat. See Pharmaceutical Society of Great Britain v Boots 2 The offer comes in variety of forms that a formal communication of acceptance is not necessary in all cases. For example, advertisement of rewards and offers to the whole world. See Carlil v Carbolic Smoke ball & Co 3 Some times, question arises as to whether a silence can amount to acceptance. The agreement so formed by the process of offer and acceptance, should be supported by another element known as “consideration”. Consideration is something what the offeror and the acceptor are prepared to exchange for what he has been offered or has accepted.4 Gratuitous promises cannot be enforced as was established in Re Hudson,5 wherein Hudson’s executors were sued after his death for moneys owed by him on account of balance of donation he had promised give @ £ 4,000 per year for five years. The court held that money had been promised to be paid by him merely as a charity and not in exchange of some thing the donees had given him in return what is known as consideration in law. The position would have been different had Hudson executed a gift deed which could not be construed as a contract in any case. Thus, an offer is a proposal or promise by one person to another ...Download file to see next pagesRead More
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