contract law exam notes - thinkio合同法考试笔.doc

Contract Law Notes Contracts ‘A’ Offer Bilateral contracts Unilateral contracts Offers to the public at large What is an offer? Mere puff Supply of information Invitation to treat Categorizing transactions Advertisements Advertisements in a catalogue or a curricular Advertisements in newspapers or magazines Advertisements appearing on the internet Display of goods Auctions Advertisement of auction Auctions with reserves Auctions without a reserve Tendering Standing offers Options Communication of an offer Termination of an offer An offer may be terminated by Revocation by the offeror Rejected by the offeree Lapse of time Failure of a condition subject to which the offer was made Death Acceptance Requirements of acceptance Acceptance must correspond to offer Offeree must have knowledge of and act in reliance to an offer Page 9 Page 9 Page 10 Page 12 Page 13 Page 14 Page14 Page14 A counter offer is not acceptance Acceptance must be unqualified Mere enquiry does not constitute acceptance Notification to the offerer of the fact of acceptance Method of acceptance Method of acceptance stipulated by offer Acceptance by silence Acceptance by conduct Instantaneous communication: Acceptance must be communicated General rule Meaning of instantaneous communication Postal acceptance rule Statement of the rule Policy behind the rule To what communication does the rule extend Where is the rule displaced Revocation of acceptance prior to receipt Acceptance in unilateral contracts Acceptance commonly by conduct Withdrawal of an offer after acceptance has commenced Who may accept an offer? Contract formation: time and place Instantaneous communication Post Certainty and Completeness Statement of the rule Facets to the principal Ambiguity and uncertainties Individual terms Agreements to negotiate Saving ambiguous, uncertain or meaningless terms Link to external standard Link to reasonableness standard Severance Waiver or removal of certainty Incomplete agreement Agreement contains me