Level 1 QLD Contract Law
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, Level 1 QLD Contract Law 2
Summary of Concepts
Based on contract law, there are three notions or aspects to examine in the situation of
Mary. These elements include the existence of an offer, acceptance, and consideration. First and
foremost, the offer has to be legitimate. A commitment to do or abstain doing something in
return for anything else is referred to as an offer. An offer must be worded and delivered in such
a way that a sensible person might expect its confirmation to result in a binding contract.1
According to the Restatement, an offer involves a manifestation of intent to enter into a
transaction. As a result, an offer necessitates some action that grants another person the authority
to form a contractual connection between the parties. An offer can be made if either party
believes his acceptance to that contract is welcomed and will close it.2 This individual now
possesses the power of acceptance. Typically, price quotations or price lists are insufficient to
establish offers on their own. Rather, a legally binding contract does not exist until an order is
issued "in conformity with the proposed conditions.3 As a result, the order is regarded as an offer.
In most circumstances, the business is not completed till the order is accepted. So, when one sees
a price displayed on an e-commerce site, the price is still not an offer.
Acceptance
Acceptance refers to a purchaser's pledge or act of indicating his intention to be legally
bound by the provisions contained in a seller's offer under contract law. Acceptance is a need for
a legally binding agreement. There is always no deal when there is no acknowledgement. Unless
the text and conditions plainly indicate differently, a contract welcomes acceptance in any form
and by any means appropriate under the conditions.4 As a result, courts will assess whether the
manner of acceptance is governed by any wording. Any acceptable procedure will be considered
accepted in the absence of any particular wording. An offeree can take the offer by completing
the necessary performance or declaring acceptance of an offer orally or in writing.5 What matters
is that the offeror be informed of the acceptance. When an offer has been accepted, it will
1
Arvind T, Contract Law (2nd edn, OUP 2019)
2
IBID
3
'Sales. Installment Contract. Acceptance Of Defective Installment' (1923) 23 Columbia Law Review
4
Christandl G, 'The ‘Dying’ Offer Rule In European Contract Law' (2011) 7 European Review of
Contract Law
5
Arvind T, Contract Law (2nd edn, OUP 2019)