Dix mini fiches de révision en droit des contrats anglais
-The Offer is made by a person.
-An offer is an act that is express or implies who is address to someone or a group and show that you want to be bind.
-In English law an offer is something that has to be addressed to someone in particular or a group of person identify.
[...] There must be an exchange of promises. They have to concern certain value. If there is no value in a contract so it can't be a contract if it's gratuitous. If I take contract of sell one promise to sell and the other to pay. If there is no consideration there is no valid contract. Also the courts distinguish 2 types of considerations: - executery consideration: it's in fact an exchange of promises made either at the moment of the contract or in the future. [...]
[...] “Reasonably” means that power is given to the court to interpret the terms of the contract if they are not sufficiently clear. If they are not clear at all, the contract may be declared void. So the judge has a certain power, but not to create terms that does not exist. If you negotiate with the price and then you forget in the contract to put the price. Then one of the parties says that he doesn't want to contract anymore and for that he says that there is not the price. [...]
[...] The remedy is the rescission of the contract. If there is rescission, the party can also ask for damages, or the good back, when there is fraudulent or negligent misrepresentation. If there is innocent misrepresentation only rescission is possible. If rescission of the contract is not possible (if already performed, if consequences on 3rd parties), the judge can grant the party damages instead of rescission. Misrepresentation may be argued in addition of other things. When there is a common mistake, always goes with misrepresentation. [...]
[...] It gives in fact the value of a contract. PRIVITY The concept of privity Someone who is not party of a contract can't be concerned by the contract. Who is part of a contract? -If the contract is written: persons who signed the contract. -If it's oral: it's the offeror and the offeree. If you have a contract performed you have to be party of the contract, you can't ask for damages based on a contract if you are not party of the contract. [...]
[...] Silence can constitute an acceptance. But most of the time for the court is not an acceptance because the offeree doesn't show his interest. The acceptance has to be unconditional: it must exactly correspond to the offer. It' can change points which are in the offer. Or it's a counter offer. The acceptance must come from the offeree. When you have a unilateral contract, you can consider that the offeree is everyone but the offeree will be the people who fulfil all the conditions. [...]
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