Offer and acceptance

    Subdecks (1)

    Cards (14)

    • Offer
      A statement of willingness by offeree to enter a legally binding agreement
    • Offeror
      The party that makes the offer
    • Offeree
      The party to whom the offer is made to
    • Offer must be communicated
      Taylor v Laird
    • An invitation to treat is not an offer
      Carlill v Carbolic Smoke
      • Advertisement
      • Goods displayed in shops
      • Auctions
    • Valid Acceptance
      1. Positive - offeree must declare their acceptance via act, words or conduct (not by omission or silence)
      2. Unconditional - must be complete and unequivocal meaning no alterations (counter offer)
      3. Communicated - must be communicated in some manner
    • Acceptance by post

      Acceptance is effective and enforceable at the time of posting however:
      • The rule only applies if the post is the expected method of communication
      • The letter must be properly addressed and stamped
      • The offeree must provide proof of postage
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