Law 2101 Lecture Notes - Lecture 19: Contract, Rebuttable Presumption
27 Dec 2018
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Function: facilitate exchange by providing reasonable assurance someone will be held to promise, separates legal from moral. Why leave to judges: tradition -- of leaving things to judges rather than parliament, practicality -- human conduct variable; no codifier can foresee every problem that will arise. Special contracts: legislation set out for certain contracts. Technical aspects: offer, acceptance, consideration -- bargain of exchange for value. Pharmaceutical society v. boots cash chemists -- display of items w/ price is invitation to treat rather than an offer: when you go to till, person at till could make different offer. Unilateral contracts & offers to the world: bilateral -- promise for promise, e. g. sell you x tomorrow if you pay me tomorrow, unilateral -- promise for act, e. g. $ for mowing lawn: problems, if act is performed in situation where the promise isn"t known by offeree --
