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Test of agreement is an objective test (if it is a written 5000, means it is 5000 even if the intent was different) |
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Display in a shop is an invitation to treat |
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Advertisements are an invitation to treat |
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Advertisements that ask the consumer to do something to their detriment are unilateral contract offers and are binding |
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In no-reserve auctions, there is a contract between the auctioneer and the bidder for the auctioneer to sell the product to the highest bidder |
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Unilateral contracts in tenders |
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In tenders, the organisation offering a tender is entering a unilateral contract with bidders to consider all tenders which were properly submitted. It failed to do so and is liable to the aeroclub for loss of opportunity |
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Withdrawal of offer must be given and communicated before the acceptence to the offeree to be effective |
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Notice of revocation will be effective on receipt where it is reasonable to expect member of staff to be available to read it |
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Revocation can be communicated by a reliable 3rd party |
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A counteroffer is a rejection of the original offer |
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Acceptance must be communicated |
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Acceptance must be communicated by offeree or duly authorised agent |
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Postal rule – acceptance valid upon posting |
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It is irrelevant whether letter was lost in the post |
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a. At some stage represented b. Reliance c. Altering of position (entering a contract) |
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Definition
The word “notice” excluded the postal rule from applying |
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There is no intention to create legal relations in family agreements |
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