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Formation - Coggle Diagram

- - - - Counter offer ends the previous offer (Hyde v Wrench), but it can be unclear if it was a counter offer or a request for further information. Also you can't return back to the previous offer if the counter offer is rejected.
  - - - Unfair on an offeror who may never receive the letter of acceptance or it is late, because they are a party to a legally binding contract without knowing it. The offeror may have contracted with another party in the meantime.
      - Said to be outdated, but the courts are unwilling to expand the rule to more modern methods of communication, as the courts believe the offeree should take reasonable steps to ensure the acceptance is received, but this doesn't always occur
    - - If acceptance not received, no contract formed even though the seller may have received the payment, and it may be difficult to return this under a non-existent contract.
      - Electronic Commerce Regulations sets out when acceptance occurs, but confusing as to when the offeror has accepted the customer's offer, and when they can take the money.
- - - - Timing of the agreement. (Merritt v Merritt)
      - Formality.
      - How certain the terms are.
      - Seriousness of the situation.
      - Reliance by the parties. (Parker v Clarke)
    - - No ITCLR (Jones v Padavatton)
  - - - Mere Puffs. (Weeks v Tybald)
      - Subject to contract. (Confetti records v Warner music)
      - Wording, "gentlemen's agreement". (Jones v Vernons pools)