 |
|
Vocabulary practice.
Complete the extract using the words provided:
Illegal, consideration, capacity, agreement, fraud, obligation.
A contract is an agreement that creates a binding(1)__________upon the parties. The essentials of a contract are as follows: mutual(2)___________;a legal(3)___________,which in most instances need not to be financial; parties who have legal(4)_________to make a contract; absence of (5)__________or duress; and a subject matter that is not(6)__________or against public policy.
TEXT 2.
WHAT ARE THE REQUIREMENTS OF AN OFFER?
An offer is a proposal by an offerer to do or not to do some specified thing in the future, provided the offeree agrees with stated conditions. If the offeree accepts the proposal, a contract arises. Generally, to be an offer, a proposal must be:
1. intended to create a legal obligation,
2. definite, and
3. communicated to the offeree.
1. An Offer Must Be Intended to Create a Legal Obligation.
The offerer must intend to create a legal obligation if the proposal is accepted. People often make agreements that no one considers legally enforceable. For example, if two friends make a date to go to the movies, no contract is intended or formed. If either breaks the date, the other may be offended but, cannot sue. There is no legal remedy (legal means to enforce a right). That is because social invitations are not intended to create legal obligations.
Certain words, which may seem to create offers, really do not create them. Before making a contract, parties will often discuss it. The parties often bargain to reach mutually acceptable terms. Sometimes one party may state tentative terms, inviting other parties to make offers. Advertisements in newspapers and magazines, on radio or TV, or in catalogs or direct mailings are generally invitations to others to make offers. They are not offers themselves. A person who advertises something for sale cannot be expected to sell to the thousands who theoretically might reply to the advertisement. Perhaps the seller has only a limited number of items. However, most business firms attempt to deliver merchandise as advertised to all who want to buy.
Sometimes an advertisement is worded to give a reader reasonable cause to believe it is an offer rather than an invitation to make an offer. This is true in ads, which promise to pay a reward for a lost pet or jewel. It is also true in direct-mail advertisements sent to one or just a few prospects. For example, someone trying to sell a very expensive yacht mails a promotional letter to ten prospects. The letter describes the yacht and offers it for a stated price to the first person whose acceptance is received on or before a stated date. This letter would be an offer.
If a statement sounds like an offer but simply is a joke, the words cannot be transformed into a contract by acceptance. The person to whom the statement was made should realize that no offer was intended.
2. An Offer Must Be Definite.
If a proposal is vague or incomplete, a court will not enforce it. The terms must be definite enough to allow the court to determine what was intended by the parties and to fix their legal rights and duties.
There are, however, some important exceptions to the requirement of definiteness. For example, medical, dental, and legal fees are often set after the work is completed. Many workers are employed on a payday basis; the actual length of employment remains uncertain. In contracts between merchants, when either the price or the credit and delivery terms are not specified, current market prices and trade customs may be used to provide such details.
In business, producers sometimes agree to sell their entire output to a single buyer during a specified period. Sometimes buyers agree to purchase all of certain materials they may need during a given period from a single supplier. In both cases, the actual amounts remain uncertain until the contracts are performed. The parties must act in good faith as to quantities delivered or demanded.
3. An Offer Must Be Communicated to the Offeree.
A person cannot accept an offer without knowing about it. That is because any action taken would not have been a response to the offer. Thus, an offer of a reward that is made to certain persons or even to the general public cannot be accepted by someone who has never seen or heard of the offer. In such cases, the offerer may get what was sought, but most courts require that anyone who claims the prize must have known of the offer and acted in response to it when performing the requested act.
Answer the questions:
1. What is an offer?
2. What characteristics must a proposal have to become an offer?
3. What are the requirements of an offer?
4. Are advertisements in newspapers and TV always offers?
5. Who are the offerer and offeree?