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Offer Notes

Law Notes > Contract Notes

This is an extract of our Offer document, which we sell as part of our Contract Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Contract Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:


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?





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