Lesson 3合同法.pptVIP

A valid contract must consist of offer and acceptance, consideration, intention to create legal relations, capacity to contract, mutual assent, etc. Lesson Three Essentials of Contract ---Offer (1) Contents 1. Offer defined 2. Invitation to treat 3. Counter-offer 1. Offer defined An offer is an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed. The person who makes an offer is called the offeror, whereas the person to whom an offer is given is called offeree. An offer must have these characteristics: (1) It must be intended to create legal relations and must be capable of creating legal relations. (2)Mere expression of one’s intention is not sufficient. It must be made with a view to obtaining the assent of the other party. Otherwise it will not constitute a binding promise. offer vs. preliminary negotiation In practice, a dispute often arises on the question whether words are words of offer or merely of preliminary negotiation初步磋商. This has to turn upon the fact. Facts: In March, A placed an advertisement in a newspaper that he had 40 acres of land for sale. On March 26, A wrote a letter to B in response to his inquiry of property giving direction to the property and stating that his rock bottom price was $2,500 for the land. On April 7, B wrote A asking for a legal description of the property so that he could be sure that he was looking at the correct land. In that letter he described the land. On April 8, A responded by letter stating that by B’s description he had found the correct property. A also advised B that if he wanted to purchase the property that he had better act quick as A expected a buyer within the week. On April 12, A sold the property to a third party for $2, 500. On April 14, B received A’s letter dated April 8th. And on April 15th, he wrote A a letter saying that he would ope