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- Preliminary Material
- Main Text
- 1 Formation and the Concept of Agreement
- 2 Offers and Invitations to Treat
- 3 Termination and Revocation of Offers
- 4 Acceptance
- Preliminary Material
- A Introduction
- B Objective Theory
- C Manner of Acceptance
- D Who May Accept an Offer?
- E Offeree Must Accept with Knowledge of the Offer
- F Offeree Must Intend to Accept Offer
- G Correspondence with Offer
- H Acceptance Must Be Unequivocal
- I Acceptance Must Be Communicated
- J Silence and Acceptance
- K Instantaneous Communications and the Postal Acceptance Rule
- Instantaneous communications
- The postal acceptance rule
- L Standard Form Contracting and the ‘Battle of the Forms’
- 5 Auctions and Tenders
- 6 Problems of Intention and Consideration in Online Transactions
- 7 Letters of Intent
- Preliminary Material
- 7.01
- 7.02
- 7.03
- 7.04
- 7.05
- 7.06
- 7.07
- 7.08
- 7.09
- 7.10
- 7.11
- 7.12
- 7.13
- 7.14
- 7.15
- 7.16
- A Cases Where the Letters of Intent Do Not Create a Contract
- B Cases Where Letters of Intent Do Create a Contract
- C Cases Where the Letters of Intent Have Some Legal Effect
- D Letters of Comfort
- E Agreements Imposing Obligations as to the Course of the Negotiations
- 8 Practical Aspects of Letters of Intent
- 9 Conditional Contracts
- Preliminary Material
- A Introduction
- B The ‘Construction’ of ‘Subject to’ Clauses
- C ‘Subject to Contract’
- Introduction
- The legal effect of a ‘subject to contract’ provision
- No intention to be bound
- Intention to be immediately bound and to perform when the time for performance accrues
- Intention to be immediately bound but performance is suspended until a formal contract is executed
- Intention to be immediately bound but contract to be replaced with a more formal document
- D ‘Subject to Finance’
- E Other ‘Subject to’ Clauses
- F Time for the Occurrence of Contingency
- G Waiver
- H The Consequences of the Failure of a Condition
- 10 Denial of Legally Binding Effect
- 11 Certainty and Completeness
- Preliminary Material
- A Introduction
- B Uncertainty
- C Incompleteness
- D Agreements to Agree and Agreements to Negotiate
- E Methods by Which the Courts and the Parties Resolve Uncertainty and Incompleteness
- 12 Consideration
- Preliminary Material
- A Introduction
- B History
- C Function and Definition
- D Adequacy of Consideration
- E Nominal Consideration
- F Consideration Must Be Sufficient
- G Consideration Must Be Referrable to the Promise
- H Consideration Must Move From the Promisee (But Not Necessarily to the Promisor)
- I Past Consideration is Not Consideration
- J Consideration Must Not Be Illusory
- K Performing Existing Legal Duties
- L Part Payment of a Debt is Not Consideration for a Promise to Discharge Debt
- M Exceptions to the Consideration Rules
- N Estoppel
- 13 Is There a Duty to Negotiate in Good Faith?
- 14 Pre-Contractual Liability
- Further Material
- [18.232.31.255]
- 18.232.31.255
