Law 2101 Lecture Notes - Lecture 34: Fundamental Breach, Unconscionability, Via Rail
25 Mar 2016
School
Department
Course
Professor
Document Summary
Acceptance: before an offer can be binding on either party, the offer must be accepted by the offeree. Must be an offer and a result of the offer in that order. Not for example: a mere acknowledgement of offer. A counter offer ( livingstone v. evans: e: i will sell my land to you for , l: send lowest cash price. Evens says no contract for 3 reasons: 1. The statement made my l to pay was not on the same terms as what he had offered, therefore it could not be an acceptance: 2. Instead of being acceptance, this was a counter-offer and so it should kill the offer: 3. Because no offer, there was nothing livingstone could take in the end. Court agreed with first two arguments but he was focussed on was that statement that said cannot reduce price - it implied that his original offer stood.
