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Part II Formation, 3 Agreement

From: Contract Law in Practice

Neil Andrews

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 April 2024

Construction of contract — Formation of contract

This is a detailed treatment of the rules governing the formation of contract. All facets of that process are covered. Modern ;transactions are often formed by electronic negotiation. Accordingly, the postal rule needs to be supplemented by reference to e-mailed offers and acceptances. Other features of formation include: relief when negotiations abort, based on the principle of unjust enrichment; ‘multipartite contracts’, that is, agreements involving more than two parties; the revocation of offers before acceptance; the special nature of acceptance when the contract is unilateral, rather than both parties having obligations; the possibility of acceptance without words, that is, by conduct; the problem of silence on the part of the offeree; and competition between parties to win the so-called battle of the forms.

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