LAWG 101D1 Lecture Notes - Lecture 9: Loganberry, Posting Rule, Ratio Decidendi
23 Jan 2018
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Class 9 - exchange of consents, offer and acceptance. Recap: we have to determine whether the parties had an intention to be legally bound because if we come to this conclusion, it will be attended by legal consequences . Otherwise, no enforceable obligation has been created . Judges take into consideration: obiter dictum not legally binding per se, yet very important, a binding precedent, stare decisis, ratio decidendi. Invitation to treat advertisement no intention to make a firm offer in the light of circumstances and usages. Facts: an ad to sell a house is placed by a real estate agent and contained all the essential elements a formal offer would normally have. Bernier signed with the agent a promise to buy the house. The seller eventually decided to accept another (higher) offer to purchase his house. Bernier claims he had accepted an offer and that a contract had been made.
