Lecture 2 – Offer & Acceptance Principles of contract law:
Formation - How a Contract is Made
Terms - The Substance of Contract
Vitiating Factors - Factors which Undermine a Contract
Discharge - How a contract is fulfilled or ended
Remedies - The Cures for a Breach of Contract
For a contract to be legally binding, it has to fulfill 4 key elements: 1. Offer 2. Acceptance 3. Consideration 4. Intention to create legal intentions A. TYPES OF CONTRACT (pg 60) • Simple Contacts o Written o Oral • Special Contracts o Contracts by deed or contracts under seal o Always in writing o Written document is called a deed o Contracts under seal do not require consideration to ...view middle of the document...
g. If offer is sent on Mon and it reaches offeree on Wed, the offer is deemed to be made on Wed. o Offeree must be aware of the existence & terms of the offer E.g If you found the dog & returned to owner, but didn’t know that owner offered a reward, you do not know of the offer o When offeree knows of the offer, his motive for acceptance is irrelevant – Williams v Carwardine (1833) - Therefore still entitled to the reward o Two identical cross offers do not ordinarily make a contract – Tinn v Hoffman & Co (1873) - Cross offer implies a lack of consensus or meeting of minds between the parties at the time of making the offers ( pg 68 ) Unilateral Contract (pg 63) Unilateral contact is one that is brought into existence by the act of one party in response to a conditional promise by another ( anyone can accept the offer ) Carlill v Carbolic Smoke Ball Co (1892) b. Offer can be addressed to one particular person, a group of people or to everyone ( made to the whole world )Although offer is made to the world, the contract is made with that limited portion of the public who came forward and perform the condition on the faith of the advertisement ( held in case ) c. Offeror may not know the offeree’s identity d. Only offeror makes a conditional promise e. Upon acceptance ( by performing condition attached to the offeror’s promise ), unilateral contract is formed Bilateral Contract (pg 63) In a bilateral contract, parties would know the identities of each other and there is an exchange of promises a. Offeror makes an offer to the known offeree b. Parties know each other’s identity c. Exchange of promises d. Upon acceptance ( by communication ), bilateral contract is formed Sometimes, invitations to treat and provisions of information can be mistaken as offers … B)i) Invitation to Treat (pg 64) • An invitation to treat is an invitation to commence negotiations, it is an invitation to make an offer (1) Mere puffs /advertisements # Web advertisements - May not be simply construed as invitations to treat - Web ads that use “loose language” may create unilateral contracts that can bind the advertiser Chwee Kin Keong & Others v Digilandmall.com Pte Ltd (2004) ETA Act 2010 S14: A proposal to conclude a contract made through one or more electronic communications which is not addressed to one or more specific parties, but is generally accessible to parties making use of information systems, including a proposal that makes use of interactive applications for the placement of orders through such information systems, is to be considered as an invitation to make offers, unless it clearly indicates the intention of the party making the proposal to be bound in case of acceptance Default rule: “Offer” of goods/services via the Internet will only be considered as an invitation to treat, unless the offeror makes it clear that he intends to be bound by it.
(2) Shop displays with prices : Offer is only made when customer selects the item and pays for it at the...