LAW 122 Chapter Notes - Chapter 7-8: Himalaya Clause, Posting Rule, Objective Test
16 Mar 2017
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Intention to create legal relations: meeting of the minds (offer & acceptance, exchange of value (consideration) Just have to be something of value can even be a penny. Case study: the bike part 1: the deal was not written down, they intended to the legal relations, they agreed to the bike & the cash, exchange of value applies b/c the bike has value. Some presumption in law: families / social, presume that there is no intent, commercial, presume that there is intent, both presumptions are rebuttable (can be refuted / proved wrong) If you ask for a medium coffee this is the offer, when they give you a medium coffee this is the acceptance: the contract is not finalized until both parties agree, offer. Invitation to treat = willingness to receive offers: person responding to invitation makes an offer, person making invitation may then accept the offer, shelf display; advertisements; catalogues.
