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Formation - Coggle Diagram
Formation
Offer
An offer must be unconditional, clear and unambiguous, it is a willingness to contract on the said terms, with the intention of becoming legally binding when accepted.
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Terminating an offer
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Counter offer
Hyde v Wrench an offer ends after a counter offer is made as the terms of the original offer are not agreed too
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Death
Bradbury v Morgan shows how death terminates any offers of a personal nature, however the estate can continue an offer after the death of a person
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Acceptance
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Mirror image rule- Acceptance must not be communicated in the same way as the offer, unless prescribed. However, the offeree must communicate acceptance in the most advantageous form.
Prescribed acceptance must be followed, however this can be waved if there was no disadvantage to the offeror (Yates v Pulleyn)
Entores v Miles Far East shows that the burden of communicating acceptance is on the offeree, and that acceptance is effective as soon as received
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