Sunday, January 16, 2011

Contract ^^

Jason Sia

you already gv me the offer of you will send a gift to me if I pass all in my exam~
The gift already is the Invitation to treat ~
under section 2(a) of the Contracts Act 1950 states that ' when one person signifies to another his willingness to do or abstain from doing anything, with the view to obtaining the assent of that other to the act or abstinence , he is said to make a promise.

You can't revocation the offer because the acceptance has been made already.Revocation of an offer must be communicated to the offeree(me) for it to be effective.
Revocation can occur when communication of notice, lapse of time, mental disorder/death of either parties and failure of the acceptor to fulfill  a condition precedent to acceptance.But I think dun have all this matter.

Under section 2(b) of the Contracts Act 1950 states that when the offeree(Me) signifies her assent to the offer, the offer is said to be accepted. The offer when accepted, become a promise.The offeree is now called "promisee"
Under section 7(a) of the Contracts Act 1950 states that for a offer to be changed into a promise, the acceptance must be absolute, unqualified  and must correspond with all the terms of offer. (Neale v Merrett)So I will try my best to pass all the subject~~hehe

An agreement reached between a offeror and an offeree will be a legally binding contract only if the parties intended that they should me legally bound~To prevent you breach the contract, so we should have a legally bound .

The agreement enforceable by the law between two or more parties to do or abstain from doing something, their intention being to create legal relation and not merely exchange the mutual promise, both having given something or having promised to give something of value as consideration for any benefit derived from the agreement.

Offer and acceptance are means of analysing the process of negotiation to decide whether and when a contract has been made and what therefore constitutes its term.
Mutual assent of the parties is the basis of agreement.

If you breach the contract
Under section 65 provides that the effects of breach is that where innocent party terminates contract, he must "give back" any benefit received from other party. That mean you have to provided service/supplied goods can recover reasonable sum for it.

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