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On the surface, promissory theories mesh well with the core offer and acceptance rule. But a closer analysis of offer and acceptance reveals certain features of the rule, as well as certain contractual situations, for which promissory theories prima facie cannot offer a straightforward account.
- Interpreting and Implying Terms
5 Establishing Agreement: The Law of Offer and Acceptance...
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- Acknowledgements
Contract Law Civil Law I began this book while I was a...
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Great Clarendon Street, Oxford OX2 6DPOxford University...
- Classification and Overview
Theories that justify contract law in terms of its...
- Interpreting and Implying Terms
The process of offer and acceptance. (1) In many situations, especially when the parties are in correspondence, English law requires an agreement to result from acceptance of an offer; however, it is admitted that some situations produce a consensus without such a clear-cut form of dealing.
21 maj 2015 · This chapter focuses on offer and on acceptance as a response to a promise. Karl Llewellyn remarked that generations of law students have encountered the intricacies of offer and acceptance in contract law as perhaps their first technical body of doctrine.
A lawsuit (or a cause of action) based upon the breach of the covenant may arise when one party to the contract attempts to claim the benefit of a technical excuse for breaching the contract, or when he or she uses specific contractual terms in isolation in order to refuse to perform his or her contractual obligations, despite the general circum...
26 lut 2024 · 1. Introduction. Despite the fact that it takes (at least) two to make a contract, and that it is hardly in dispute that contractual obligations are uniquely bilateral, 1 theorists explaining the normative power 2 that persons exercise to create such obligations almost invariably do so by ‘reducing’ it to essentially unilateral powers.
18 paź 2018 · An offer is a promise to enter into and perform a bargain on stated terms if the offeree accepts. Bargains are often, perhaps usually, formed by a sequence of offer and acceptance. Indeed, classical contract law placed the offer-and-acceptance sequence on center stage.
This chapter discusses the rules of offer and acceptance that have been laid down by the courts over the years. It states that the rules claim to be of general application and that they purport to give effect to the intention of the parties, albeit their intention objectively ascertained.
