agreement Flashcards
(37 cards)
who regularly makes contracts?
consumers + businesses
eg of how contracts are made in business?
manufacturers buy raw materials, sell products to wholesalers/retailers, then retailers sell to consumers
when do consumers usually think about the legal consequences of contracts?
when something goes wrong, like a ruined holiday
when things go wrong like defective goods, what’s the 2 q’s ppl ask?
- was there a contract?
- what were the contract terms?
what’s agreement?
1 party making offer (clear promise to be bound by certain terms) + other party accepts
who’s the offeror?
person making offer
who’s the offeree?
person receiving offer
definition of offer (treitel)
expression of willingness to contract on certain terms made w the intention that it’ll be binding once accepted by person it’s made to
expression of offer, what forms can an offer be made in?
text message
email
letter
news ad
conduct
as long as it communicates clearly terms offeror is willing to contract on
intention meaning in the definition of offers?
not actual intention, but what parties said/did
courts use objective approach to assess if there was an agreement. what’s the difference b/w subjective + objective approach?
subjective: what parties say they thought or meant - not accepted by courts
objective: what parties acc did/said to decide what a reasonable person would think
do courts try to read minds or rely on parties’ later claims about their intention?
no, that would be subjective, but they use objective approach
if person sent message offering motorbike for £5k and the other person accepts and they say no they meant £6k, are they legally bound to sell the motorbike for £5k?
yes, bc reasonable person would believe that £5k was the offer so they’re legally bound to sell motorcycle to the person for £5k
“person to whom it is addressed” (w/in definition of offer) who does that include?
1 specific individual
group or class of people or
the whole world.
can u accept an offer that was NOT addressed to u?
no. key rule is that u can only accept an offer if it is addressed to u
is an invitation to treat (ITT) same as offer?
nope. need to distinguish that from offers
eg of ITT?
“im thinking of selling my car. been told £7k is a realistic asking price. u interested in buying?”
why is this not an offer? “im thinking of selling my car. been told £7k is a realistic asking price. u interested in buying?”
bc person is only considering selling. price is only potential price + no commitment to sell.
ITT’s invite other person to negotiate.
if a buyer accepts an ITT, is it a binding contract?
no, a buyer cannot accept this + form a binding contract
r goods on display in supermarkets offer or ITT?
not offers. they’re ITTs
when’s a contract concluded at the supermarket?
at the checkout
customer makes offer to buy goods
cashier can accept or reject offer
can put them back on shelf if u change ur mind before checkout.
not obligated to buy them
are ads ITTs or offers? and why?
ITTs
bc if offers, every customer response = acceptance. issue if seller ran out of stock
what abt reward ads? offers or ITT?
offers.
clear promise to pay reward if condition is met eg giving info.
exceptions to ads not being offers, like when can an ad (bc it’s ITT) be seen as an offer?
if ad clearly shows intention to be legally bound = creates unilateral contract
