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What Are The Requirements Of An Offer And An Acceptance Notes

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Offers What is an offer?

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Offer is o Manifestation of offeror's willingness
? to be bound by terms proposed to the offeree

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as soon as the offeree accepts BUT a party can deny the existence of a valid contract by saying offer was invalid because:

1. It was mistakenly made

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A party can only escape if the offer, taken from the viewpoint of an objective observer, o was one which is was reasonable to say the offeror meant X and not Y as he actually said.

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Q = Objectivity from whose point of view?
o Howarth: three points of view
? Detached Objectivity

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Viewpoint of "fly on the wall"

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Separate from either contracting parties o Objections:
? Chen Wishart: does not meet the justification for objectivity (e.g. protect promises reasonable expectations)
? Spencer: Only acceptable for law to force an agreement on party in rare circumstances

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Surely unacceptable to force agreement neither wants on both parties.
? "Promisor" objectivity

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What a reasonable and honest promisor would perceive.
? "Promisee" objectivity

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What a reasonable and honest promisee would perceive. o Voster: problem with these classifications is that in bilateral contracts, both parties take on roles on promisor and promisee o Chen-Wishart:
? Better idea is "actor objectivity" and "observer objectivity"

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And hold that each party's actions should be understood to the standard of what the reasonable and honest observer would perceive them to be.

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Q = What evidence should be taken into account?
o Two types can contrasted
? Skeleton Objectivity

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Limits conduct that counts and prioritises them in strict hierarchy of value o Signed final writing in a contractual document o Unsigned final writing in contractual document o Other writing or speech o Non verbal conduct (nod, wink, contractual performance) o Silence of Omissions
? Silence generally not held to be acceptance, even if intended.

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