#6517 - Offer - Contract

OFFER BILATERAL CONTRACT Both parties assume an obligation under the contract Both parties are obliged to do something (obligations are executory) A will buy IF B will sell UNILATERAL CONTRACT Only one party assumes an obligation under the contract Only one party is obliged to do anything (obligations of the offeree are executed and have already been performed when the contract is formed) Lost Dog: one party is obliged to pay the reward if the dog is found * * * * * * Offer: a statement of the terms upon which the offeror is prepared to be bound if acceptance is communicated while the offer remains alive o Nielsen v Dysart Timbers Ltd Can be EXPRESSED or IMPLIED o Expressed - in writing or verbal o Implied - through conduct Put forward a proposal for consideration Offeree must be able to choose to accept of not o not a command Intention o determined objectively Offeree must have knowledge of the offer o communicated SS? Fitch v Snedaker To whom can an offer be made? * Individuals * Groups of people * General public o world at large o Carlill v Carbolic Smoke * ONLY THE PERSON FOR WHOM THE OFFER IS MADE CAN ACCEPT IT * In some cases there is no clear offer and acceptance, but there can be a contact if the parties have reached a final agreement o Clarke v Dunraven * In the absence of clear offer and acceptance, is there an agreement between parties? PAGE 45