Communication of Offers

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  • Communication of OFFER
    • BI-LATERAL CONTRACT:Contract  between 2 parties where each party promises to perform an act in exchange for another party's act.
    • REQUEST FOR INFORMATION: Is not a counter-offer. If you ask the offeror for information/clarification about the offer, that doesn't extinguish the offer; you're still free to accept if you want.
    • UNI-LATERAL CONTRACT: An offer made in exchange for an act, e.g. reward for lost property. Case Example: Carlill v Carbolic Smoke Ball Company 1893.
    • OFFER: Suggestion put by 1 person to another made with the intention that it shall become legally binding as soon as the other person accepts it.
    • TERMS OF OFFER: To be effective, offer must be communicated. Someone can't accept an offer with no knowledge of it. Case Example: Taylor v Laird 1856.
    • INVITATION TO TREAT: "inviting an offer". Case Example: Fisher v Bell 1961
    • COMMUNICATION OF WITHDRAWAL: The offeror must communicate the withdrawal of the offer to the offeree. Case Example: Byrne v Van Tienhoven
    • WITHDRAWAL OF OFFER BEFORE ACCEPTANCE: An offer remains open and can't be considered withdrawn until the offeree has received it. Case Example: Byrne v Van Tienhoven
    • COMMUNICATION OF CONTRACT: The parties to a contract must know what they are contracting to and therefore the terms can't be vague. The offeror must stipulate everything. Case Example: Guthing v Lynn 1831
    • NEWSPAPER ADVERTISMENTS: Generally, public advertisements do not constitute an offer, merely an invitation to treat (invitation to make an offer) as in Partridge v Crittenden (1968), except in reward cases where an advertisement is specific as to what terms must be fulfilled in order to claim the reward, since there can be no contract where an offer is apparently vague as in Gunthing v Lynn (1831).
    • COMMUNICATION OF TERMS OF OFFER:The parties to a contract must know what they are contracting to and therefore the terms must not be too vague.Case Example: Guthing v Lynn

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