TASK 1:
P1: Identify the legal criteria for offer and acceptance in a valid contract.
What is a contract?
A contract can either be written implied or spoken agreement between two or more people legally binding. Once contract has been the offeror will have to keeps promises provided in the contract and the offeree will have to follow all the terms and condition in the contract will. If one party fail to follow their obligation in the contract condition in the contract they make take legal consequences.
Here are the elements in a contract. Without this elements an agreement will not be legally enforceable or binding.
Elements of a contract
Offer
+
Acceptance
+
Consideration
+
Intention for legal relation
+
Capacity
Two types of contract: …show more content…
The person who make the offer is called an offeror. A person to whom an offers is for is called the offeree. An offer is made when the offeror propose a set of terms and promises to the offeree as they intend that the proposed set of terms are accepted by the offeree for the contract to be legal binding between both parties. A contract cannot be began if there is no offer.
For example: Carlill V Carbolic Smoke and Bell Co (1893) –Carbolic Smoke and Bell CO placed an advertisement offering to pay £100 to anyone who catch a flu using their product called smoke balls. Carlil caught a flu while using the smoke ball. Carlil therefore sued Carbolic but Carbolic and Smoke and Bell Co argued that the advertisement was not seriously made, however court argued that the advertisement was an offer and that Carlil was entitled to the reward her £100 as she accepted the condition in the offer by catching a flu.
What is not an offer?
• Invitation to treat – an invitation to treat is not an offer but an invitation to make an offer but not legally binding. Therefore, the person is able to accept or reject the offer. An example of an invitation of treat are goods …show more content…
Defendant texted an acceptance to the offer from the claimant who was based in Holland. Therefore, by the defendant texting acceptance to the offer, an agreement has occurred between both parties.
Communication of acceptance
The offeree has the responsibility to communicate to the offeror. Once the offeror accept then the offeree knows that he is bound by the contract.
Silence
Silence usually means that the contract is not binding as the offeror did not communicate the acceptance to the offer of the offeree. Therefore, acceptance must be communicated, usually silence during acceptance means the offer has not been accepted by the offeror.
For example: Felthouse v Bindley (1862) - the nephew has discussed buying horse from his uncle and his uncle has told him that if he does not tell his uncle his decision whether to buy the horse or not by the weekend. However, the nephew didn’t communicated his acceptance to his uncle and argued that the he has forgotten about the offer. Therefore, by the nephew staying silent and forgotten to communicate his acceptance to his uncle, there is no contract.
Postal
P1: Identify the legal criteria for offer and acceptance in a valid contract.
What is a contract?
A contract can either be written implied or spoken agreement between two or more people legally binding. Once contract has been the offeror will have to keeps promises provided in the contract and the offeree will have to follow all the terms and condition in the contract will. If one party fail to follow their obligation in the contract condition in the contract they make take legal consequences.
Here are the elements in a contract. Without this elements an agreement will not be legally enforceable or binding.
Elements of a contract
Offer
+
Acceptance
+
Consideration
+
Intention for legal relation
+
Capacity
Two types of contract: …show more content…
The person who make the offer is called an offeror. A person to whom an offers is for is called the offeree. An offer is made when the offeror propose a set of terms and promises to the offeree as they intend that the proposed set of terms are accepted by the offeree for the contract to be legal binding between both parties. A contract cannot be began if there is no offer.
For example: Carlill V Carbolic Smoke and Bell Co (1893) –Carbolic Smoke and Bell CO placed an advertisement offering to pay £100 to anyone who catch a flu using their product called smoke balls. Carlil caught a flu while using the smoke ball. Carlil therefore sued Carbolic but Carbolic and Smoke and Bell Co argued that the advertisement was not seriously made, however court argued that the advertisement was an offer and that Carlil was entitled to the reward her £100 as she accepted the condition in the offer by catching a flu.
What is not an offer?
• Invitation to treat – an invitation to treat is not an offer but an invitation to make an offer but not legally binding. Therefore, the person is able to accept or reject the offer. An example of an invitation of treat are goods …show more content…
Defendant texted an acceptance to the offer from the claimant who was based in Holland. Therefore, by the defendant texting acceptance to the offer, an agreement has occurred between both parties.
Communication of acceptance
The offeree has the responsibility to communicate to the offeror. Once the offeror accept then the offeree knows that he is bound by the contract.
Silence
Silence usually means that the contract is not binding as the offeror did not communicate the acceptance to the offer of the offeree. Therefore, acceptance must be communicated, usually silence during acceptance means the offer has not been accepted by the offeror.
For example: Felthouse v Bindley (1862) - the nephew has discussed buying horse from his uncle and his uncle has told him that if he does not tell his uncle his decision whether to buy the horse or not by the weekend. However, the nephew didn’t communicated his acceptance to his uncle and argued that the he has forgotten about the offer. Therefore, by the nephew staying silent and forgotten to communicate his acceptance to his uncle, there is no contract.
Postal