Chapter

Agreement

Jill Poole

in Casebook on Contract Law

Edition 12

Published on behalf of © Jill Poole 2014

Published in print July 2014 | ISBN: 9780199687237
Published online September 2014 | e-ISBN: 9780191784804 | DOI: http://dx.doi.org/10.1093/he/9780199687237.003.0002
Agreement

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The Casebook on series provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. A contract is a legally enforceable agreement. This chapter explains how the existence of an agreement is determined. After considering subjectivity and objectivity in making an agreement, it discusses the criteria used to determine agreement, namely offer and acceptance. The chapter defines offers and distinguishes them from invitations to treat. It focuses on identifying acceptances and distinguishing acceptances from responses which are not a mirror image of the offer, such as counter-offers. Much emphasis is placed on explaining the communication principles applicable to acceptances — postal and instantaneous communications, including email. The chapter explains revocations of offers and the communication principles applicable to revocations. It also distinguishes bilateral and unilateral contracts and the special principles applicable to unilateral contracts.

Keywords: contract; agreement; subjectivity; objectivity; offer; invitation to treat; acceptance; mirror image rule; communication; postal rule; instantaneous communications; revocation of offer; unilateral contracts

Chapter.  31127 words. 

Subjects: Contract Law

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