University:
York University
Course:
AP/SOSC 2350 | Law & Society
Academic year:

2023
Views:

492

Pages:

3
Author:

Niklas

MODULE 2 - Lesson 2 Consensus, Uffer, & Acceptance "Invitation to Treat " Invitation to treat L> not an offer - ex/ flier, pricetag, ads → it is an invitation to make an offer Offers communicated, received, understood 17 must be communicated i effective when received & understood When does an offer lapse? → once you reject it hills the offer rejection counter offer time limit revoked death 1> counter offer: kills original offer de gives new one "if there is a time limit in the offer L or after reusonable period of time "if offer is revoked -can be anytime before acceptance -what if there is a promise to leave open promise to leave open? option contract > doesnit matter, not a contract, no consideration "> if there is consideration - option contract L one party dies or becomes incompetent Things such as price tags & ads are not offers but rather an invitation to make an offer. Offers are effective when received & understood. There are many ways for an offer to lapse de a promise to leave open means nothing except for options communicuted Silence as acceptance? manner of accepting Post box Acceptance Rule retail @ cashier Acceptances I must also be communicated silence can be taken as acceptance only if it was included in original contract → auto-renewals → acceptance must be in manner required " Call instead of emailing → are effective when received & understood Post box Acceptance Rule "only applies to acceptances by mail 4 acceptance effective when mailed, not received → revocation & offer effective when received In Retail Context hoffer& acceptance when you pay at the cashier no new terms Concensus →> acceptance can't include any new terms → its a counter offer Acceptance must be communicated w/ silence only worhing if it was written into an existing contract. Acceptance must be in the requested manner. Acceptances by mail are effective when mailed rather than received. When accepting you can't include any new terms vague offer no consensus no price = nothing reusonable person Vague / Ambiguous Offer →> reasonably interpreted in many ways → no consensus Agreement w/o price "to be agreed upon" → it is nothing - can't enforce Objective, not Subjective 17 doesn't matter the intentions behind " won part reasonable' person think its Consensus → subjective intent difficult to prove If an offer can be interpreted many ways there is no consensus. No agreement on price yet means no contract. When looking at consensus we use a "reasonable person to test if there is consensus