n Agreement: Mutual assent to a contract’s essential terms, voluntarily manifested through offer and acceptance.Contract Law Principles • August 30th, 2020
n Offer: An offeror’s promise or commitment to perform or refrain from performing some specified act presently or in the future.
Agreement – Two things are necessary: promise and consideration Promise Offer – an expression of willingness to contract on the terms stated Invitation to treat – an invitation to make an offer Provision of information A declaration of intention Offer...Contract Law Principles • November 9th, 2009
Self-Serve basis – sale is complete when the person takes the goods (offer to buy) to the counter and the pharmacist accepts the sale (acceptance) – Pharmaceutical Society of Great Britain v Boots Cash chemists (Southern) Ltd
ContractContract Law Principles • September 4th, 2013
• Agreement – for an offer to exist the offeror must make a clear and certain offer and the other party (offeree) needs to communicate an equally clear acceptance
A contract is an agreement that the courts will enforce that 4 elements must exist before the contract as shown.Contract Law Principles • July 13th, 2024
• MinorContract Law Principles • July 24th, 2020
An agreement is a meeting of minds, and exists when two or more people share understanding and intention. Many agreements are preceded by a period of negotiations. For an agreement to occur, there must be both an offer and acceptance.
CERTAINTYContract Law Principles • November 17th, 2022
• It is not necessary for the parties to provide every possible contingency OR articulate terms so they can only be interpreted one way
Formal Some must be in writing: deed, signed etc. Simple Six essential elements (can be written or oral or both)Contract Law Principles • November 8th, 2020
Unilateral Contract The offeree does not undertake to perform but accepts the offer by performing their side of the bargain (e.g. in Carlill, the plaintiff accepted the offer by using the smoke ball)
ContractContract Law Principles • September 5th, 2020
1.Personal Services agreements made impossible byContract Law Principles • April 20th, 2015
STEP 1: AGREEMENT = Offer + AcceptanceContract Law Principles • February 2nd, 2021
ContractsContract Law Principles • January 15th, 2020
Can be revoked any time before acceptance – promise to hold offer is not binding Lapse at specified or reasonable time, or after rejection
What is an essential term?: Contract cannot be enforced without it - only the parties can supply Lease of land: commencement date, rental to be paid, parties, subject matter – makes it bindingContract Law Principles • September 6th, 2022
Agreement must be SUFFICIENTLY certain and complete - parties’ rights and obligations can be identified and enforced - certainty 3 related problems
