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본문내용
1. Explain the terms ‘offer’ and ‘acceptance’.
- Both ‘offer’ and ‘acceptance’ have important meaning in contracts. ‘Offer’ is opposite side of ‘acceptance’. A communication will be treated as an offer if it indicates the terms on which the offeror is prepared to make contract, and gives a clear indication that the offeror intends to be bound by those terms if they are accepted by the offeree ‘Acceptance’ of an offer means unconditional agreement to all the terms of that offer.
2. What is meant by the term ‘an invitation to treat’?
- There are many kinds of transaction in contracts. Some kinds of transaction involve a preliminary stage in which one party invites the other to make an offer. This stage is called an invitation to treat.
3. Explain the impact of the postal rule on the formation of a contract.
- Postal rule is a special principle in contracts. The general rule for acceptances by post is that they take effect when they are posted, rather than when they are communicated. It is easier to prove that a letter has been posted than to prove that it has been received or brought to the attention of the offeror.
1. Explain what is meant by ‘provision for clarification’.
- In some circumstance prices and other factors affecting a contract are likely to fluctuate, and the parties to an agreement will therefore be reluctant to commit themselves to a rigid arrangement concerning those factors. In such cases, contracts may leave such details vague, but contain provisions stating how they are to be clarified.
2. Explain how previous course of dealing can help clarify contractual terms.
- Where two parties have had dealing in the past, their previous agreements may be used to clarify uncertain terms in a contract. The terms could be interpreted in the light of what they would usually mean and between those parties.
3. What is meant by the ‘officious bystander’ test?
- A term may be implied by applying the ‘officious bystander’ test, under which the court asks whether someone observing the making of a contract would have believed that a particular term was part of the contract.
- Both ‘offer’ and ‘acceptance’ have important meaning in contracts. ‘Offer’ is opposite side of ‘acceptance’. A communication will be treated as an offer if it indicates the terms on which the offeror is prepared to make contract, and gives a clear indication that the offeror intends to be bound by those terms if they are accepted by the offeree ‘Acceptance’ of an offer means unconditional agreement to all the terms of that offer.
2. What is meant by the term ‘an invitation to treat’?
- There are many kinds of transaction in contracts. Some kinds of transaction involve a preliminary stage in which one party invites the other to make an offer. This stage is called an invitation to treat.
3. Explain the impact of the postal rule on the formation of a contract.
- Postal rule is a special principle in contracts. The general rule for acceptances by post is that they take effect when they are posted, rather than when they are communicated. It is easier to prove that a letter has been posted than to prove that it has been received or brought to the attention of the offeror.
1. Explain what is meant by ‘provision for clarification’.
- In some circumstance prices and other factors affecting a contract are likely to fluctuate, and the parties to an agreement will therefore be reluctant to commit themselves to a rigid arrangement concerning those factors. In such cases, contracts may leave such details vague, but contain provisions stating how they are to be clarified.
2. Explain how previous course of dealing can help clarify contractual terms.
- Where two parties have had dealing in the past, their previous agreements may be used to clarify uncertain terms in a contract. The terms could be interpreted in the light of what they would usually mean and between those parties.
3. What is meant by the ‘officious bystander’ test?
- A term may be implied by applying the ‘officious bystander’ test, under which the court asks whether someone observing the making of a contract would have believed that a particular term was part of the contract.
추천자료
- 가격1,000원
- 페이지수10페이지
- 등록일2010.04.15
- 저작시기2010.3
- 파일형식워드(doc)
- 자료번호#599354
본 자료는 최근 2주간 다운받은 회원이 없습니다.
