CONTRACT LAW 4 - Offer & Acceptance - INTRO

Question 1

What must be present in order for there to be a binding contract? (3)

Answer 1

Offer and acceptance, intention to create legal relations and consideration.

Question 2

What must the offeror and the offeree do in order for a contract to exist? (2)

Answer 2

The offeror needs to make a clear and certain offer displaying an intention to be bound.
The offeree needs to communicate an unequivocal acceptance.

Question 3

What does the idea of offer and acceptance show and how do the courts link to it? (2)

Answer 3

It shows a ‘meeting of minds’. The courts are not concerned with the inward mental intent of the parties’ but rather with what a reasonable person would say was the intention of the parties’.

Question 4

What must acceptance be? (4)

Answer 4

It must be in response to the offer, it must be communicated, it must be unqualified and it must be compliant with any required mode.