CRCJ 3003 Lecture Notes - Lecture 5: Contract, Fax, Estoppel
2 Aug 2016
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Capacity: law must recognize ability for all parties to have given their consent. Many forms of legally bindings include provision where being of majority age is required. Legal form: may be legal requirement for contracts to be enforceable. Smoke ball put out ad saying if anyone uses this pharmaceutical product diligently and consistently then you won"t get the flu. If you do then you are entitled to 100 pounds. A woman took the product diligently and consistently and still got sick. She then sought to claim the 100 pounds she thought she was owed. Carbolic ball argued that no contract occurred since they did not know the plaintiff had entered the agreement. They determine that classical form of notification isn"t feasible, but it formed specific new form of contract. Offer was made through the advertisement, and it was a serious offer. In unilateral contract acceptance takes an atypical form. When dealing with offers and counter offers things get complicated.
