Management and Organizational Studies 2275A/B Chapter Notes - Chapter 6: Estoppel, Upper Clements, Standard Form Contract
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Contract must be: an agreement (composed of offer and acceptance, complete (certain, deliberate (intention to create legal relations is present) Certainty of offer: an offer that does not set out all the essential terms will fail for uncertainty, this can be avoided through leaving matters to be decided in the future. If the contract resolves to litigation, the court does not speculate on what the parties would have agreed to: however, does not have to be perfectly clear and precise in expression. If the contract resolves to litigation, the court will interpret the offer in the most reasonable manner possible. Invitation to treat: an expression of willingness to do business. Has no legal consequences: whether a communication is an offer or an invitation to treat depends on the intention objectively assessed. For example, advertisements at the store are considered to an invitation to treat.