Contract Law
contract law-offer and acceptance
contract law-offer and acceptance
Kartei Details
| Karten | 61 |
|---|---|
| Sprache | English |
| Kategorie | Recht |
| Stufe | Universität |
| Erstellt / Aktualisiert | 01.01.2013 / 16.03.2017 |
| Lizenzierung | Kein Urheberrechtsschutz (CC0) |
| Weblink |
https://card2brain.ch/box/contract_law
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| Einbinden |
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The first step to determine whether a contract has been formed is?
By identifying whethere an agreement had been formed.
An agreement is determined by?
An objective test
What does an objective test mean?
It means that the court looks at external evidence to see whether there was an agreement, by looking at what the parties said and did during the supposed time of contract
What is an objective test?
is when you look at what a reasonable man would say, and whethere they agreed that there was an obvious contractual agreement.
Why is an objective approach better then a subjective approach?
A subjective approach creates uncertainty and it would be impractical as the person making the promise could later go back on their word.
What is the difference between an offer and negotiations?
An offer is the willingness to contract on the specified terms without any further negotiations, so that it only requires acceptance for a binding agreement to be formed.
To determine the difference between offer and negotiation, what test is applied?
Objective test
Another important factor that is looked at to determine whether it is an offer or not, is?
the language used
