DOCSLIB.ORG

Contract Law

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Contract Law Contract Law Formation of a Contract To start with it needs to be identified whether and which party is alleging a contract. For a contract to be valid it must be: 1.! An agreement 2.! Contractual intention 3.! Consideration Agreement An agreement is formed if there is a valid offer and an acceptance. There must be certainty in the offer and acceptance otherwise the court would not uphold the contract (Scammell v Ousten). →! Hillas v Arcas – the use of ‘timber of fair specification’ was not too vague to form a contract as the parties had dealt with each other before and were well acquainted with the timber industry Offer An offer is “an expression or willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed” (Trietel 13th Ed; confirmed in Allied Marine Transport). This will be assessed objectively (Smith v Hughes) This is distinguished from an invitation to treat (ITT), which is where one party merely invites offers from another party and which he is then free to accept or reject. →! Carlill v Carbolic Smoke Ball – Was considered an offer not ITT even though it had aspects if an ITT. This was because the defendant had taken actions (depositing £1,000) to indicate that it took the promise seriously, thus it was an offer to anyone who satisfied the conditions, even if they didn’t communicate acceptance as it waived the requirement Case Law: →! Fisher v Bell – Generally speaking goods on display and advertisements in newspapers or periodicals that the advertiser has goods for sale are not offers 1 Contract Law →! Partridge v Crittenden – advertisements are generally an ITT →! Grainger v Gough – Similarly catalogues or price lists are also ITT. The display of these items is merely an invitation to treat →! Boots Cash Chemist – The same applies to goods on display and self-service displays in a shop →! Williams v Carwardine – Advertisements for a reward are treated as offers as there is intention to be bound as soon as information is given The reason for this distinction is that otherwise the advertiser, catalogue publisher and shopkeeper would be obliged to sell to every person who had accepted such an offer, even where supplies had run out (Partridge v Crittenden; Boots Cash Chemist). Tenders: An announcement inviting tenders is not normally an offer (Blackpool & Fylde Aero Club); unless accompanied by words indicating that the highest or the lowest bidder will be accepted (Harvela Investments). Where there is no offer to contract with the highest or lowest bidder, but the invitation to tender prescribes a clear, orderly and familiar procedure, it may be an offer to consider all conforming tenders (Blackpool & Fylde Aero Club). Auctions: In an auction with a reserve price, contract is formed between the seller and the bidder once the auctioneer completes the sale (S57 SGA 1979). Where the auction doesn’t have a reserve price there will be a unilateral contract between the bidders with the highest bid (Barry v Davies). Failing to accept the highest bid allows the highest bidder to sue for damages. Acceptance Acceptance is an unconditional expression of assent to the terms of an offer. If the contract is bilateral, for acceptance to be valid it must; a)! coincide exactly with the terms of the offer (Rees v Warwick; Treitel); and b)! be communicated to the offerer 2 Contract Law Offeree must know they are accepting an offer (R v Clarke –Australian Case). In contrast, knowing about an offer and performing its acceptance for mixed motives will still be held as a valid acceptance (Williams v Carwardine). Counter offers: Any acceptance which attempts to vary the terms contained in the offer will be considered as a rejection of the original offer and interpreted as a counter-offer which is open to acceptance or rejection by the original offeror (Hyde v Wrench). However, merely requesting information or inquiring whether the offerer will modify his terms will not be treated as a rejection of the original offer and the original offer will therefore still be open to acceptance (Stevenson Jacques v McLean). →! Brogden v Met railway; Butler Machine Tool – In the case of ‘battle of forms’ the last terms to be proffered or final terms contracted on will take precedence because it is considered a counter offer which the other party accepts Communication: Acceptance will not be complete unless there is actual communication of the acceptance to the offeror (Entores v Miles East). →! Brogden – An offer can be accepted either in writing, through oral communication or by the conduct of the parties →! Felthouse v Bindley – Silence will not suffice for communication of acceptance →! Re Selectmove – An offeree can bind themselves by silence e.g. by stating if you don’t hear from me by tomorrow, then assume I’ve accepted Postal Rules: →! Adams v Lindsell – Where acceptance is sent by post the acceptance is complete once it is properly posted →! Household Fire v Grant – Even if the letter is never received, so long as it was a reasonable method of communication, properly posted and not excluded →! Henthorn v Fraser – The operation of the postal rule applies only when it is reasonably to use the post as a means of communicating acceptance 3 Contract Law →! Holwell Securities v Hughes – Posting may be excluded if the offerer makes actual communication to himself of the acceptance a clear requirement →! Brinkibon – In deciding when an acceptance is communicated, there is no universal rule, rather reference should be made to the parties intention, sound business practice and in some cases judgement as to where risks should lie Termination of Offer An offer may be terminated by •! Revocation •! Rejection •! Lapse of time •! Occurrence of a condition •! Death Revocation: An offer can be withdrawn at any time prior to acceptance even if offeror promised to keep it open (Routledge v Grant), but becomes irrevocable after acceptance (Great Northern Railway). The offeree may also give consideration for the offerror for keeping the offer open (Mountford v Scott). →! Bryne & Co – For a revocation to be effective, it must be communicated to the offeree →! Dickson v Dodds – The revocation need not be communicated by the offeror – a third party will suffice provided that third party can be reasonably relied upon →! Shuey v US – Where the offer was made to the whole world (i.e. an advert in a newspaper) it can be withdrawn by taking reasonable steps (i.e. placing a withdrawal advert in the same newspaper) – note that it’s a US case →! The Brimmes – The postal rule does not apply but a letter is effective on arrival where it is reasonable to expect a member of staff to read it →! Errington v Errington – If it’s a unilateral contract, revocation not possible once act of acceptance has begun 4 Contract Law Rejection: An offer will be held to have been terminated once it has been rejected by the offeree (Hyde v Wrench) Lapse of time: If an offer is subject to an express time limit, it cannot be accepted after the expiry of that time. Although the offeror could waive this condition and treat the late acceptance as valid if he so wished. If there is no such time limit, then the offer remains open for a reasonable time (Ramsgate Victoria Hotel v Montefiore) Death: Where the contract is concerned with "personal services", the death of the offeror or offeree will terminate the contract. If the contract is of a non-personal nature, then it is possible that the executors of the deceased may be able to conclude the contract (Harris v Fawcett). Intention to Create Legal Relations (ITCLR) This involves an objective assessment of parties’ intention (Smith v Hughes) Commercial agreements: Where an agreement is of a commercial nature, the general presumption is that these agreements are intended to be legally binding (Edwards v Skyways), but this may be rebutted where the words used have the effect of nullifying an intention to be legally bound (Rose & Frank v Compton). In express agreements, the onus of proving there was no intention is on the party who asserts no legal effect is intended. However, where an agreement is an implied contract inferred from conduct, the onus of proving there was on a contract is on the party who asserts that legal effect was intended (Baird v Marks & Spencer). Non-commercial agreements: Where an agreement is of a social nature (e.g. friends) or domestic nature (e.g. husband and wife) it is presumed that there is no intention to be legally bound (Balfour v Balfour), but this may be rebutted on the facts of the case (Simpkins v Pays). 5 Contract Law The intention of the parties is rebuttable and will be judged objectively, but the court is more likely to find intention where, for example the parties were not in good relations when the agreement was made (Merritt v Merritt); where the agreement was essentially a commercial one (Snelling v Snelling); or where one party has acted to their detriment in reliance upon the agreement (Parker v Clark). 6 .
Load more

Recommended publications
  • Partridge V Crittenden [1968] 1 WLR 1204 - 04-25-2019 by Travis - Law Case Summaries
    Partridge v Crittenden [1968] 1 WLR 1204 - 04-25-2019 by Travis - Law Case Summaries - https://lawcasesummaries.com Partridge v Crittenden [1968] 1 WLR 1204 https://lawcasesummaries.com/knowledge-base/partridge-v-crittenden-1968-1-wlr-1204/ Facts On 13 April 1967, an advertisement by Arthur Partridge appeared in a periodical called "Cage and Aviary Birds". The advertisement stated: "Quality British A.B.C.R... Bramblefinch cocks, Bramblefinch hens 25 s. each." The advertisement made no mention of any "offer for sale". Partridge sold one of these birds to Thomas Thompson, who had sent a cheque to Partridge with the required purchase amount enclosed. Anthony Crittenden, a member of the RSPCA, charged Partridge for selling a live wild bird in violation of section 6 of the Protection of Birds Act 1954 (UK). The magistrate decided that the advertisement was an offer for sale and Partridge was convicted. Partridge appealed. Issues Did the advertisement constitute an offer for sale or merely an invitation to treat? Held The UK High Court held that the advertisement was an invitation to treat. The advertisement had appeared in the "Classified Advertisements" section of the periodical. It made no mention of being an "offer for sale". The Court considered Fisher v Bell, where a shopkeeper had advertised a prohibited weapon in his shop front window with a price tag. In that case, it was plain the placement of the weapon with a price tag constituted an offer for sale. However, in this situation, the advertisement was merely an invitation to treat, given its placement in the periodical.
    [Show full text]
  • Offer and Acceptance
    CHAPTER TWO Offer and Acceptance [2:01] In determining whether parties have reached an agreement, the courts have adopted an intellectual framework that analyses transactions in terms of offer and acceptance. For an agreement to have been formed, therefore, it is necessary to show that one party to the transaction has made an offer, which has been accepted by the other party: the offer and acceptance together make up an agreement. The person who makes the offer is known as the offeror; the person to whom the offer is made is known as the offeree. [2:02] It is important not to be taken in by the deceptive familiarity of the words “offer” and “acceptance”. While these are straightforward English words, in the contract context they have acquired additional layers of meaning. The essential elements of a valid offer are: (a) The terms of the offer must be clear, certain and complete; (b) The offer must be communicated to the other party; (c) The offer must be made by written or spoken words, or be inferred by the conduct of the parties; (d) The offer must be intended as such before a contract can arise. What is an offer? Clark gives this definition: “An offer may be defined as a clear and unambiguous statement of the terms upon which the offeror is willing to contract, should the person or persons to whom the offer is directed decide to accept.”1 An further definition arises in the case of Storer v Manchester City Council [1974] 2 All ER 824, the court stated that an offer “…empowers persons to whom it is addressed to create contract by their acceptance.” [2:03] The first point to be noted from Clark’s succinct definition is that an offer must be something that will be converted into a contract once accepted.
    [Show full text]
  • Important Concepts in Contract
    Munich Personal RePEc Archive Practical concepts in Contract Law Ehsan, zarrokh 14 August 2008 Online at https://mpra.ub.uni-muenchen.de/10077/ MPRA Paper No. 10077, posted 01 Jan 2009 09:21 UTC Practical concepts in Contract Law Author: EHSAN ZARROKH LL.M at university of Tehran E-mail: [email protected] TEL: 00989183395983 URL: http://www.zarrokh2007.20m.com Abstract A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. Contract law is based on the Latin phrase pacta sunt servanda (literally, promises must be kept) [1]. Breach of a contract is recognised by the law and remedies can be provided. Almost everyone makes contracts everyday. Sometimes written contracts are required, e.g., when buying a house [2]. However the vast majority of contracts can be and are made orally, like buying a law text book, or a coffee at a shop. Contract law can be classified, as is habitual in civil law systems, as part of a general law of obligations (along with tort, unjust enrichment or restitution). Contractual formation Keywords: contract, important concepts, legal analyse, comparative. The Carbolic Smoke Ball offer, which bankrupted the Co. because it could not fulfill the terms it advertised In common law jurisdictions there are three key elements to the creation of a contract. These are offer and acceptance, consideration and an intention to create legal relations. In civil law systems the concept of consideration is not central. In addition, for some contracts formalities must be complied with under what is sometimes called a statute of frauds.
    [Show full text]
  • Invitation to Treat Cases Pdf
    Invitation to treat cases pdf Continue 2012/// Filed in: Treaty Law (UK)Below are the most relevant principles and leading cases concerning proposals against other steps in the negotiation process:Storer v Manchester City Council: The proposal is an expression of readiness to enter into a contract on certain terms after adoption. Gibson v Manchester City Council: Talks about entering into a contract of invitations for treatment, but does not offer Carlill v Carbolic Smoke Ball Co: Advertising for one-way contracts can make up proposals, even if addressed to the general public, if the advertisement objectively person making the advertisement intends to be linked by it. Partridge v Crittenden: Advertising in print for goods at a certain price is generally considered an invitation for treatment and are not offers. Fisher v Bell: Items with a price brand on shelves or on windows or in stores are generally considered invitations for treatment and are not offers. Pharmaceutical Society GB v Boots Cash Chemists: Self-service-based items are invitations for treatment, the customer makes an offer to buy at the box office. Walford v Miles: Negotiation agreements are invitations for treatment and are not a binding contract, instead they are considered as pre-contract negotiations. Harvela Investments Ltd v Royal Trust Co of Canada Ltd: As a rule, tenders are invitations for treatment unless clear language for acceptance of the proposal (e.g. Harvela). Blackpool Fylde Areo Club v Blackpool Borough Council: Invitations to tender include an implicit offer to consider all tenders properly submitted, but not necessarily accepting one.
    [Show full text]
  • Basic Principles of English Contract Law
    ADVOCATES FOR INTERNATIONAL DEVELOPMENT AT A GLANCE GUIDE TO BASIC PRINCIPLES OF ENGLISH CONTRACT LAW Prepared by lawyers from www.a4id.org TABLE OF CONTENTS I FORMATION OF A CONTRACT A. OFFER B. ACCEPTANCE C. CONSIDERATION D. CONTRACTUAL INTENTION E. FORM II CONTENTS OF A CONTRACT A. EXPRESS TERMS B. IMPLIED TERMS III THE END OF A CONTRACT – EXPIRATION, TERMINATION, VITIATION, FRUSTRATION A EXPIRATION B TERMINATION C VITIATION D FRUSTRATION VI DAMAGES / REMEDIES BASIC PRINCIPLES OF ENGLISH CONTRACT LAW INTRODUCTION This Guide is arranged in the following parts: I Formation of a Contract II Contents of a Contract III The end of a Contract I FORMATION OF A CONTRACT 1. A contract is an agreement giving rise to obligations which are enforced or recognised by law. 2. In common law, there are 3 basic essentials to the creation of a contract: (i) agreement; (ii) contractual intention; and (iii) consideration. 3. The first requisite of a contract is that the parties should have reached agreement. Generally speaking, an agreement is reached when one party makes an offer, which is accepted by another party. In deciding whether the parties have reached agreement, the courts will apply an objective test. A. OFFER 4. An offer is an expression of willingness to contract on specified terms, made with the intention that it is to be binding once accepted by the person to whom it is addressed.1 There must be an objective manifestation of intent by the offeror to be bound by the offer if accepted by the other party. Therefore, the offeror will be bound if his words or conduct are such as to induce a reasonable third party observer to believe that he intends to be bound, even if in fact he has no such intention.
    [Show full text]
  • De Montfort Law School Schools and Colleges Mooting Competition 2016
    De Montfort Law School Schools and Colleges Mooting Competition 2016 Vm/lawclub/mootinghandbook12 1 vm/lawclub/mootinghandbook12 2 CONTENTS Introduction 2 Programme 3 Mooting Instructions 4 Contract books and looking up cases 7 Round One Moot 9 Round Two Moot 10 Moot Final 11 Background Notes on Formation of Contract 12 vm/lawclub/mootinghandbook12 3 INTRODUCTION Welcome! The De Montfort Schools and Colleges Mooting Competition is now in its thirteenth year. We hope you find participating in moots an enjoyable and rewarding experience. If you do go on to study law at university, we trust that you will have found it useful to have had a first shot at it before starting on your degree course. Most university law schools run student mooting competitions and also enter teams for national competitions. All the moots in our competition are designed for students who have not studied A-level law. We have included a set of background notes on the law of contract formation (offer and acceptance). Traditionally a contract is formed when an offer has been accepted. All the moots depend on arguing whether a valid offer has (or has not) been made and whether acceptance has (or has not) taken place. If you need to contact the Law School the telephone number is 257 7177 and you can e-mail on [email protected] Andy Robinson Law Club Organiser vm/lawclub/mootinghandbook12 4 PROGRAMME Tuesday 19 January 2016 Andy Robinson will explain how the mooting competition is organised, followed by a demonstration moot by two De Montfort University students.
    [Show full text]
  • Introduction Offer
    INTRODUCTION A contract may be defined as an agreement between two or more parties that is intended to be legally binding. The first requisite of any contract is an agreement (consisting of an offer and acceptance). At least two parties are required; one of them, the offeror, makes an offer which the other, the offeree, accepts. OFFER An offer is an expression of willingness to contract made with the intention that it shall become binding on the offeror as soon as it is accepted by the offeree. A genuine offer is different from what is known as an "invitation to treat", ie where a party is merely inviting offers, which he is then free to accept or reject. The following are examples of invitations to treat: 1. AUCTIONS In an auction, the auctioneer's call for bids is an invitation to treat, a request for offers. The bids made by persons at the auction are offers, which the auctioneer can accept or reject as he chooses. Similarly, the bidder may retract his bid before it is accepted. See: Payne v Cave (1789) 3 Term Rep 148 2. DISPLAY OF GOODS The display of goods with a price ticket attached in a shop window or on a supermarket shelf is not an offer to sell but an invitation for customers to make an offer to buy. See: Fisher v Bell [1960] 3 All ER 731 P.S.G.B. v Boots Chemists [1953] 1 All ER 482. 3. ADVERTISEMENTS Advertisements of goods for sale are normally interpreted as invitations to treat.
    [Show full text]
  • 49 47 48 Offer and Invitation to Treat – Auction Sales Invitation to Treat
    EL_Z01.qxd 3/26/07 1:51 PM Page 733 CASES 47–49 MAKING THE CONTRACT I 733 Offer and invitation to treat – auction sales a customer selected goods from the shelves, but when the company’s employee at the cash desk accepted 47 Harris v Nickerson (1873) LR 8 QB 286 the offer to buy what had been chosen. There was, therefore, supervision in the sense required by the Act The defendant, an auctioneer, advertised in London at the appropriate moment of time. newspapers that a sale of office furniture would be held at Bury St Edmunds. A broker with a commission Comment (i) The fact that a price ticket is not regarded to buy furniture came from London to attend the as an offer is somewhat archaic, being based, perhaps, sale. Several conditions were set out in the advertise- on a traditional commercial view that a shop is a place for bargaining and not a place for compulsory sales. ment, one being: ‘The highest bidder to be the buyer.’ However, because currently there is a return to bargain- The lots described as office furniture were not put up ing in some areas of purchase, e.g. cars, white goods and for sale but were withdrawn, though the auction itself electrical goods, the price ticket is perhaps rightly was held. The broker sued for loss of time in attend- regarded in those areas as an invitation to treat; a start- ing the sale. ing point for the bargaining. Held – he could not recover from the auctioneer. (ii) Although a trader can refuse to sell at his wrongly There was no offer since the lots were never put up for advertised price, he commits a criminal offence under sale, and the advertisement was simply an invitation ss 20 and 21 of the Consumer Protection Act 1987 for giv- to treat.
    [Show full text]
  • Law for Non-Law Students, Third Edition
    LAW FOR NON-LAW STUDENTS Third Edition This book is supported by an online subscription to give you access to periodic updates. To gain access to this area, you need to enter the unique password printed below. The password is protected and your free subscription to the site is valid for 12 months from the date of registration. 1 Go to http://www.cavendishpublishing.com. 2 If you are a registered user of the Cavendish website, log in as usual (with your email address and your personal password). Then click the Law for Non-Law Students button on the home page. You will now see a box next to Law for Non-Law Students. Enter the unique passcode printed below. Once you’ve done that, the word ‘Enter’ appears. Click Enter and that’s where you’ll find your updates. 3 If you are not yet a registered user of the Cavendish website, you will first need to register. Registration is completely free. Click on the ‘Registration’ button at the top of your screen, then type in your email address and a password. You should use something personal and memorable to you. Then click the Law for Non-Law Students button on the home page. You will now see a box next to Law for Non-Law Students. Enter the unique passcode printed below. Once you’ve done that, the word ‘Enter’ appears. Click Enter and that’s where you’ll find your updates 4 Cavendish will email you each time updates are uploaded. All you need to do to obtain any past or future updates is to go to http:// www.cavendishpublishing.com and follow the instructions in point 2 above.
    [Show full text]
  • The Fact of Agreement
    2 The fact of agreement Introduction It has already been stated that there must be an intention to enter into a binding agree- ment, and that this intention is usually established by some outward objective indication of the existence of an agreement, rather than a subjective assessment of the actual inten- tions of the parties. On a practical level, however, the question arises as to what evidence of objective intention the law requires in deciding whether or not an agreement has been entered into. Two very different approaches have been used to assess the presence of an agreement. The first is a liberal laissez-faire approach under which virtually anything at all could potentially be used in assessing the presence of an agreement. Such an approach almost invariably results in a subjective assessment of the parties’ actions taking place and has the disadvantage of rendering the law uncertain and unpredictable. This approach found favour with Lord Denning who, in Butler Machine Tool Co. Ltd v Ex-Cell-O Corporation (England) Ltd [1979] 1 All ER 965, stated: In many cases our traditional analysis of offer, counter offer, rejection, acceptance and so forth is out of date . The better way is to look at all the documents passing between the parties and glean from them or from the conduct of the parties, whether they have reached agreement on all material points. Similarly, in Gibson v Manchester City Council [1979] 1 All ER 972, he also stated that one ought to: look at the correspondence as a whole and at the conduct of the parties and see therefrom whether the parties have come to an agreement on everything that was material.
    [Show full text]
  • Contract Law
    CHAR_A01.QXD 14/9/07 10:02 Page i Contract Law CHAR_A01.QXD 14/9/07 10:02 Page ii CHAR_A01.QXD 14/9/07 10:02 Page iii Contract Law Fourth edition Mary Charman CHAR_A01.QXD 14/9/07 10:02 Page iv Published by Willan Publishing Culmcott House Mill Street, Uffculme Cullompton, Devon EX15 3AT, UK Tel: +44(0)1884 840337 Fax: +44(0)1884 840251 e-mail: [email protected] Website: www.willan.publishing.co.uk Published simultaneously in the USA and Canada by Willan Publishing c/o ISBS, 920 NE 58th Ave, Suite 300, Portland, Oregon 97213-3786, USA Tel: +001(0)503 287 3093 Fax: +001(0)503 280 8832 e-mail: [email protected] Website: www.isbs.com © Mary Charman, 2007 The right of Mary Charman to be identified as the author of this book has been asserted by her in accordance with the Copyright, Designs and Patents Act of 1988. All rights reserved; no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the Publishers or a licence permitting copying in the UK issued by the Copyright Licensing Agency Ltd, Saffron House, 6–10 Kirby Street, London EC1N 8TS. First edition published 2001 Second edition published 2002 Third edition published 2005 Fourth edition published 2007 ISBN 978-1-84392-358-9 paperback British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Project managed by Deer Park Productions, Tavistock, Devon Typeset
    [Show full text]
  • Contract Law in Hong Kong
    Contract Law in Hong Kong Michael J. Fisher and Desmond G. Greenwood Third Edition by Michael J. Fisher Hong Kong University Press The University of Hong Kong Pokfulam Road Hong Kong www.hkupress.hku.hk © 2007 Michael J. Fisher and Desmond G. Greenwood © 2018 Third Edition Michael J. Fisher ISBN 978-988-8455-78-2 (Hardback) ISBN 978-988-8455-74-4 (Paperback) All rights reserved. No portion of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system, without prior permission in writing from the publisher. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. 10 9 8 7 6 5 4 3 2 1 Printed and bound by China Translation & Printing Services Ltd., Hong Kong, China Contents Preface ix Table of Cases xii Table of Legislation xxviii Chapter 1 The Nature of Contract Law in Hong Kong 1 Overview 1 1.1 What Contract Is 3 1.2 The Function of Contract Law 8 1.3 Is Hong Kong’s Contract Law “Special”? 23 Chapter 2 Sources of Hong Kong Contract Law 26 Overview 26 2.1 Hong Kong Contract Law before 1997 27 2.2 The Effect of the “Handover” and the Basic Law: Hong Kong’s Present System 31 2.3 The Declaratory Theory of Judicial Precedent 38 2.4 The Continuing Influence of English Law in Practice 40 Chapter 3 Agreement 43 Overview 43 3.1 The Significance of Agreement 44 3.2 The Requirement of Offer and Acceptance 44 3.3 Offer Distinguished from Invitation to Treat 46
    [Show full text]