Amounts to words or conduct that, to a reasonable person, demonstrates an intention to be legally bound by an act of acceptance, See Thake v Maurice (1968)
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Acceptance
Words or conduct that, to a reasonable person, demonstrates an unqualified acceptance of offer and an intention to be bound by the acceptance.
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Intention to create legal relations
Since the contract is *commercial* in nature, there *is a* presumption that there are legal relations intended, see *Esso Petroleum v Commissioners for Customs and Excise (1976)*
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Consideration
Consideration is something of value given by a part to the contract. Without giving consideration, a party may not enforce the contract. Consideration has been defined as the price paid for a promise, see Stilk v Myrick (1809)
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Contra Proferentem
A principal of law which states that the party who drew up an agreement is responsible for any ambiguity or errors contained within that contract.
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Literal Rule
This rule should be the first rule applied by judges. Under this rule, the words of the statute are given their natural or ordinary meaning and applied without the judge seeking to put a gloss on the words or seek to make sense of the statute.
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Golden Rule
This rule of statutory interpretation may be applied where an application of the literal rule would lead to an absurdity. The courts may then apply a secondary meaning.
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Mischief Rule
This is a rule of statutory interpratation. This principle is used by the courts to determine the intention of the legislators. This principle aims at finding out the mischief + defect in a statute + to implement a remedy for the same.
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Invitation to treat
An invitation to treat is an action inviting other parties to make an offer to form a contract. These actions may sometimes appear to be offers themselves, and the difference can sometimes be difficult to determine. See Fisher v Bell
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Distinction between INV and OFFER
The distinction is important because accepting an offer creates a binding contract while "accepting" an invitation to treat is actually making an offer.
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Misrepresentation
A false and material statement which induces a party to enter into a contract. See Esso Petroleum v Mardon (1976)
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INV TO TREAT
An invitation to treat is an invitation to commence negotiations. It is an invitation to make an offer. Example: Advertisement
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Other cards in this set
Card 2
Front
Words or conduct that, to a reasonable person, demonstrates an unqualified acceptance of offer and an intention to be bound by the acceptance.
Back
Acceptance
Card 3
Front
Since the contract is *commercial* in nature, there *is a* presumption that there are legal relations intended, see *Esso Petroleum v Commissioners for Customs and Excise (1976)*
Back
Card 4
Front
Consideration is something of value given by a part to the contract. Without giving consideration, a party may not enforce the contract. Consideration has been defined as the price paid for a promise, see Stilk v Myrick (1809)
Back
Card 5
Front
A principal of law which states that the party who drew up an agreement is responsible for any ambiguity or errors contained within that contract.
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