Contract Law Cases

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Rule of Law
(Offer and Invitation to Treat)There is no contract of sale unless there is an offer to sell and an acceptance of that offer. Mere quotation of price does not constitute an offer;
(Offer and Invitation to Treat)A price tag is merely an invitation to treat. There is no contract until the customer approaches the counter with an offer, which the seller accepts.
( Unilateral Contract)With a unilateral contract, performance of the condition(s) specified constitutes acceptance.
( Unilateral Contract)A public guarantee (or promise), by means of an advertisement is an offer to every person who is willing to accept the terms and conditions of it. Acceptance
(tenders)A tender in law is irrevocable if filed in conformity with the terms and conditions under which the call for tenders was made. Under contract A, both parties are under an
(tenders)To Imply a Term in a Contract (3 pronged test): 1. Based on custom or usage 2. As legal incidents of a particular class or kind of contract; in a particular kind of contra
(tenders)Once a tender is accepted by the owner, and contract B is formed between those two parties, those parties are free to negotiate changes to the terms.
(communication of offer)Proper communication is a condition upon which a contract must be based. Only through proper communication can there be a ‘meeting of the minds’ (consen
(communication of offer)If you perform the conditions of a unilateral offer, motive for performance is immaterial, as long as you are aware of the offer at the time the conditions
(communication of offer)You cannot accept a unilateral offer if you are not aware that is has been offered – no meeting of the minds. Forgetting about an offer equates to not kno
( Acceptance and Counter-Offer)A reply to a counter offer that does not state that the offer is no longer open is simply a renewal of the previous offer.
( Acceptance and Counter-Offer)When the two parties are forming a contract and send contradicting terms to one another, upon fulfilment of the contract, the last set of terms that
(Communication of Acceptance)Silence is not acceptance of a unilateral revocation of a bilateral contract.
(Communication of Acceptance)Silence is not binding acceptance even when the offer states it will be taken as such. Acceptance of a contract must be communicated to the offeror
(Instantaneous Methods of Communication)The mailbox rule (the contract is concluded where and when the acceptance is mailed) applies only if acceptance by mail is required or if th
(Instantaneous Methods of Communication)Terms of a contract entered into on the internet can be displayed on multiple pages. Users are expected to follow the links and become famil
(Mailed Acceptances)The court upheld the general mailbox rule in situations where the acceptance is lost in the post and as a consequence the offeror was bound by the offer even th
(Mailed Acceptances)The postal rule should only apply if it does not lead to ' manifest inconvenience and absurdity' The postal rule does not apply if the express terms of the offe
( Revocation)The general principle is that if a person who makes an offer dies, the offer cannot be accepted after they are dead. The court held that an offer could be revoked by i
( Revocation)The mailbox rule does not apply to revocation—revocation must be received by the offeree to be effective.
(revocation of unilateral contract)In general, unilateral contracts can be revoked anytime prior to complete fulfillment, but the court held that in this case a unilateral contract
( Lapse of Time)An offer will lapse if it is not accepted within a time limit determined by the offeror, or if a time limit is not specified, then it will lapse within a reasonable

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Created Nov 2, 2011ReportNominate
Tags:case, contract, law, Law Cases, rule