LAWS104 Lecture Notes - Lecture 3: Crest Nicholson, Paull, Posting Rule

• School: Macquarie University
• Department: Law/Law Participation and Community Engagement
• Course: LAWS104
• Professor: Ilija Vickovich

Document Summary

Courts objectively consider the words and conduct of the parties to see whether an offer has been made and, if it has, whether it has been accepted. Courts use this kind of analysis to determine4 whether agreement exists, where and when agreement was reached and the express terms of that agreement. Statement upon which is prepared to be bound . Crest nicholson ltd v akaria investments ltd. In determining whether an offer has been made the correct approach to ask whether (the offeree0, acting responsibly, would understand that was making a proposal to which he intended to be bound in the event of unequivocal acceptance . The general rule is that circulars, catalogues and advertisements setting out price lists or promoting sale of products are invitational to treat. The call is an invitation to treat, and the tender is an offer.