Textbook Notes (368,125)
Canada (161,663)
Commerce (379)
COMM 393 (60)
Chapter

2. FORMATION OF THE CONTRACT.docx

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Department
Commerce
Course
COMM 393
Professor
Barbara Cox
Semester
Winter

Description
FORMATION OF THE CONTRACTIntent Offer Acceptance and the Writing RequirementEdition 25468 7073 9091 185186 421422CLASS 34 JULY 810R V 279707 ALBERTA LTD CB 15RUDDER V MICROSOFT CORP CB 19MONTANE VENTURES V SCHROEDER CB 25FORMATION OF CONTRACT ConsiderationCONTDEdition 27692CALIGUIRI V TUMILLO CB 29Class 5 July 15TULSA HEATERS INC V SYNCRUDE CANADA LTD CB 336 ELEMENTS OF CONTRACTS OFFER ACCEPTANCE INTENTION CONSIDERATION CAPACITY LEGALITYnot all contracts have to be in writing Chapter 3 Formation of a Contract Offer and Acceptance pg 5573The Role of Contract Lawexample of voluntary legal relationshipsparties choose to make a contractonly then become legally obligated to comply with its termscontract law empowers parties to create legal obligations that would otherwise not existinequality of bargaining power or expertise between parties sometimes results in unfair contractscontract law has rules to manage these situationsNature of a Contractbegin with a promise but not all promises become contractscontract law sets the rules of how ordinary promises become legally binding promisesa contract is a set of promises that the law will enforce4 basic requirements to form a legally enforceable contract offer acceptance consideration intentionNature of an Offera contract does not come into existence until an offer has been made by one partyaccepted by the other partyoffer a description of a promise one party is willing to make subject to the agreement of the other partyofferor person making the offer controls contractual terms oferee person to whom the offer is made accepts the terms when oferee accepts the offer by agreeing to the description of promises or requests offer is transformed into a contracta mere invitation to do business is not an offer to make a contractex display of a coat in a store window does not amount to an offer to sellads to sell goods at certain price are invitations to the public to visit the place of business business is not expected to sell the goods to everyone who reads its ads ex R v 279707 Alberta Ltd if ads were taken to be an offertoo many people accepted it the business would be liable for breach of contract to all those who acceptedto whom it could not supply the goods
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