Agreement (Offer and Acceptance) (OCR A-Level Law): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
ShowHide
Practise the cards
10 cards from this deck
4 essential elements of a valid contract
4 essential elements of a valid contract
Agreement, intention, consideration, privity
Offer (definition)
Offer (definition)
Willingness to contract on specific terms, binding once accepted
Invitation to treat
Invitation to treat
Early negotiation; invites offers, cannot be accepted to bind
Status of goods displayed in shops
Status of goods displayed in shops
Invitation to treat, not offer (Boots case)
Effect of a counter-offer
Effect of a counter-offer
Rejects & terminates original offer; creates new offer
Postal rule (Adams v Lindsell)
Postal rule (Adams v Lindsell)
Acceptance by post effective when posted, not when received
Unilateral offers during performance
Unilateral offers during performance
Cannot be withdrawn once performance begun (Errington)
When revocation becomes effective
When revocation becomes effective
Only when communicated to offeree (Byrne v Van Tienhoven)
3 requirements for valid acceptance
3 requirements for valid acceptance
Mirror offer, not change terms, be communicated properly
ITCLR: domestic vs commercial agreements
ITCLR: domestic vs commercial agreements
Domestic: no ITCLR presumed; Commercial: ITCLR presumed