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Common Law Contracts Summary 03219

Notes to the course Common Law Contracts 03219
Kurs

Introduction to American Law Terminology 1 - Großveranstaltung (03241)

4 Dokumente
Studierenden haben 4 Dokumente in diesem Kurs geteilt
Akademisches Jahr: 2017/2018
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Universität Wien

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Common Law Contracts

Before the plaintiff can establish a breach of contract, he must establish the existence of a contract.

For a contract to come into existence there must be a definite offer, a mirror-image acceptance as well as consideration.

Offer

An offer is the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.

A manifestation of willingness to enter into a bargain, however, is not an offer, if the person to whom it is addressed knows or has reason to know that the person making it does not intend to conclude a bargain until he has made further manifestation of assent.

 It must be clear that no further assent is needed.

Invitation to an offer  If a proposal is nothing more than an invitation to the person to whom it is made to make an offer to the proposer, it is not such an offer as can to be turned into an agreement by acceptance.

Advertisement

An advertisement is nothing but an invitation to enter into negotiations, and is not an offer which may be turned into a contract by a person who signifies his intention to purchase some of the articles mentioned in the advertisements.

Proposals of this kind [published price list], although made to definite persons and not to the public generally, are merely invitations to trade; they go no further than what occurs when one asks another what occurs when one asks another what he will give or take for certain goods.

Advertisements of goods by display, sign, handbill, newspaper, radio or television are not ordinarily intended or understood as offers to sell. The same is true of catalogues, price lists and circulars, even though the term of suggested bargains may be stated in some detail.

 Generally, advertisements do not constitute an offer, however they can be.

Competitions/ Reward

The advertisement was construed as offering a reward because it sought to induce performance , unlike an invitation to negotiate, which seeks a reciprocal promise.

Exception

The exception to the rule is that advertisements do not create any power of acceptance in potential offerees is where the advertisement is clear, definite and explicit and leaves nothing open for negotiations.

It is of course possible to make an offer by an advertisement directed to the general public, but there must ordinarily be some language of commitment or some invitation to take action without further communication.

Acceptance

Bilateral contract literal performance is required

If there was acceptance by performance, there would be a unilateral contract.

Competitions/ Reward

The offer of a reward is a unilateral contract which becomes complete when accepted by performance of the act called for in the offer.

Consideration

A valuable consideration in the sense of the law, may consist either in some right, interest, profit or benefit accruing to the one party, and some forbearance, detriment, loss or responsibility given, suffered, or undertaken by the other.

detriment of the promisee <-> benefit received by the promisor [in exchange to]

Consideration must be given voluntarily.

The promise was/ was not supported by sufficient consideration. Therefore, there is/is not a contract between party A and party B.

If there is no meeting of minds , there is no consideration. What was reasonably believed? + Why? // Should the offeror have realized that A believed that B made an offer? + Why could he have thought that she did not reasonably believe that an offer was made?

Pre-Existing Duties

Neither the promise to do, nor the actual doing, of that which the promisor is by law or subsisting contract bound to do is a sufficient consideration to support a promise made to the person upon whom the legal liability rests either to induce him to perform what he is bound to do or to make a promise so to do.

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Common Law Contracts Summary 03219

Kurs: Introduction to American Law Terminology 1 - Großveranstaltung (03241)

4 Dokumente
Studierenden haben 4 Dokumente in diesem Kurs geteilt

Universität: Ludwig-Maximilians-Universität München

War dieses Dokument hilfreich?
Common Law Contracts
Before the plaintiff can establish a breach of contract, he must establish the existence of a
contract.
For a contract to come into existence there must be a definite offer, a mirror-image
acceptance as well as consideration.
Offer
An offer is the manifestation of willingness to enter into a bargain, so made as to justify
another person in understanding that his assent to that bargain is invited and will conclude
it.
A manifestation of willingness to enter into a bargain, however, is not an offer, if the person
to whom it is addressed knows or has reason to know that the person making it does not
intend to conclude a bargain until he has made further manifestation of assent.
It must be clear that no further assent is needed.
Invitation to an offer If a proposal is nothing more than an invitation to the person to
whom it is made to make an offer to the proposer, it is not such an offer as can to be turned
into an agreement by acceptance.
Advertisement
An advertisement is nothing but an invitation to enter into negotiations, and is not an offer
which may be turned into a contract by a person who signifies his intention to purchase
some of the articles mentioned in the advertisements.
Proposals of this kind [published price list], although made to definite persons and not to the
public generally, are merely invitations to trade; they go no further than what occurs when
one asks another what occurs when one asks another what he will give or take for certain
goods.
Advertisements of goods by display, sign, handbill, newspaper, radio or television are not
ordinarily intended or understood as offers to sell. The same is true of catalogues, price lists
and circulars, even though the term of suggested bargains may be stated in some detail.
Generally, advertisements do not constitute an offer, however they can be.
Competitions/ Reward
The advertisement was construed as offering a reward because it sought to induce
performance, unlike an invitation to negotiate, which seeks a reciprocal promise.

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