QUESTIONS - Offer 1. What is an offer? 2. What is an invitation to treat? 3. List the factors that the court will take into account in distinguishing between an offer and an invitation to treat? 4. Name a case which is authority for the rule that a request for tenders is an invitation to treat. 5. What is the effect of the distinction between offer and invitation to treat? 6. Is possible to make an offer to the whole world? Self-test Questions – uNILATERAL OFFERS
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In this essay‚ I am going to analyse the rules of offer and acceptance and then come to a conclusion as to how satisfactory I think each of them are and why. In its general sense‚ an offer is an indication or proposal by one person or party (offeror) to another (offeree). It consists of one party promising to do or give something for the other party’s promise to do or give something in return. There must be willingness to contract on certain terms‚ made with the intention that it shall become
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In Tender Offer by Wendy Wasserstein‚ little action occurs in that no one dies or screams or cries. However‚ enormous changes take place within the characters. The subtle theme of the play underscores a specific shortcoming in the American lifestyle‚ the need for compassionate communication between a distanced father and daughter. Wasserstein demonstrates that the special ingredient in effective communication is dependent upon mutual understanding. The central conflict here involves the father
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usually takes the form of offer and acceptance. An offer is defined by Treitel as "an expression of willingness to contract on certain terms‚ made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed"‚ the "offeree". In addition‚ an offer is a statement of the terms on which the offeror is willing to be bound. When an offer has been made‚ it doesn’t means a contract has formed until the offeree accepts the offer. The "expression" referred
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In the given question the issue is whether there is a binding contract between Gerard and Reg. A contract can be defined as a voluntary assumption of obligation .In order to establish a contract there must be an offer followed by an acceptance. In order to see whether the parties have come to an agreement the court would look at the intention of the parties. Intention will be looked at objectively .In applying the objective test the courts consider whether the reasonable person in the other parties’
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Business Law: Offer and Acceptance. For a simple contract to be valid one party must make an offer and the other party accept it. An offer is made where a person (the offerer) unequivocally expresses to another (the offeree) his willingness to make a binding agreement on the terms specified by him if they are accepted by the offeree’ (Card 2002). This offer could be made to a specific person‚ in which case it cannot be accepted by anyone other than that individual. On the other hand it could
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Contract: Offer and Acceptance LAW 531 December 12‚ 2012 Offer and Acceptance Creating the contract is an extremely difficult process. A contract must have an offer and acceptance determine whether an agreement exists between two parties. An offer is a suggestion made by one person to another of his or her readiness to enter into an agreement under certain terms and conditions without further negotiations. The contract is accepted when the offer has been formally communicated to the offeror
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Offer Proposal is defined under section 2(a) of the Indian contract Act‚ 1872 as "when one person signifies to another his willingness to do or to abstain from doing anything with a view to obtain the assent of that other to such act or abstinence‚ he is said to make a proposal/offer". Thus‚ for a valid offer‚ the party making it must express his willingness to do or not to do something. But mere expression of willingness does not constitute an offer. The rules regarding the offer are The offer
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parties making an offer and its acceptance by the other party. Both offer and acceptance create an agreement. In simple contract should first contain an offer made by one party to the other. What is an offer? As per Sec 2(a) of the contract act “When one person signifies to another his willingness to do or abstain from doing anything‚ with a view to obtaining the assent of that others to such act or abstinence is said to make a proposal”. The word offer of the English law
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An ‘invitation to treat’ refers to a term in contract law. Importantly‚ it is not the same as an ‘offer’ and it is crucial to distinguish between the two concepts. In order for a binding contract to be formed‚ there must be an ‘offer’ and an ‘acceptance’ of that offer. An invitation to treat is sometimes mistaken for an offer. There are many similarities between an invitation to treat and offer‚ so making the distinction can be difficult. If the validity of your contract turns on this distinction
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