Editing Contracts/Offer
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Whether the two parties have reached agreement on the terms or whether a valid offer has been made is an issue which is determined by the applicable law. In certain jurisdictions, courts use criteria known as 'the objective test' which was explained in the leading English case of ''[[Smith v. Hughes]]''.<ref>''[[Smith v. Hughes]]'' (1871) LR 6 QB 597</ref><ref name=Ermogenous>{{cite AustLII |litigants=[[Ermogenous v Greek Orthodox Community of SA Inc]] |year=2002 |court=HCA |num=8 |parallelcite=(2002) 209 [[Commonwealth Law Reports|CLR]] 95}}.</ref> In Smith v. Hughes, the court emphasised that the important thing in determining whether there has been a valid offer is not the party's own (subjective) intentions, but how a reasonable person would view the situation. The objective test is largely superseded in the UK since the introduction of the [[Brussels Regime]] in combination with the [[Rome I Regulation]]. | Whether the two parties have reached agreement on the terms or whether a valid offer has been made is an issue which is determined by the applicable law. In certain jurisdictions, courts use criteria known as 'the objective test' which was explained in the leading English case of ''[[Smith v. Hughes]]''.<ref>''[[Smith v. Hughes]]'' (1871) LR 6 QB 597</ref><ref name=Ermogenous>{{cite AustLII |litigants=[[Ermogenous v Greek Orthodox Community of SA Inc]] |year=2002 |court=HCA |num=8 |parallelcite=(2002) 209 [[Commonwealth Law Reports|CLR]] 95}}.</ref> In Smith v. Hughes, the court emphasised that the important thing in determining whether there has been a valid offer is not the party's own (subjective) intentions, but how a reasonable person would view the situation. The objective test is largely superseded in the UK since the introduction of the [[Brussels Regime]] in combination with the [[Rome I Regulation]]. | ||
An offer can only be the basis of a binding contract if it contains the key terms of the contract. For example, as a minimum requirement for sale of goods contracts, a valid offer must include at least the following 4 terms: Delivery date, price, terms of payment that includes the date of payment and detail description of the item on offer including a fair description of the condition or type of service. Unless the minimum requirements are met, an offer of sale is not classified by the courts as a legal offer but is instead seen as an [[advertisement]]. Under Dutch law an advertisement is in most cases an invitation to make an offer, rather than an offer. <ref>{{cite web|url= https://dutch-law.com/acceptance-dutch-law.html|title=Acceptance Of An Offer - Under Dutch Contract Law|publisher= Blenheim |accessdate= 3 October 2019}}</ref> | |||
An offer can only be the basis of a binding contract if it contains the key terms of the contract. For example, as a minimum requirement for sale of goods contracts, a valid offer must include at least the following 4 terms: Delivery date, price, terms of payment that includes the date of payment and detail description of the item on offer including a fair description of the condition or type of service. Unless the minimum requirements are met, an offer of sale is not classified by the courts as a legal offer but is instead seen as an advertisement. | |||
==Communication of Offer== | ==Communication of Offer== |