2023년 2월 7일 화요일
What are the elements of a valid offer under English law?
The elements of a valid offer under English law are:
Intent to be legally bound: The offeror must have the intention to create a legally binding agreement if the offer is accepted.
Certainty of terms: The terms of the offer must be clear and definite, so that the parties understand what is being offered and what is expected of them.
Communication of offer: The offer must be communicated to the offeree, either by words or by conduct, in such a way that the offeree is aware of its existence.
Capacity of the parties: The parties to the offer must have the capacity to enter into a legally binding agreement.
Compliance with the law: The offer must not be illegal or against public policy.
Possibility of acceptance: The offer must be such that it can be accepted by the offeree.
If these elements are present, an offer can be accepted by the offeree, and a contract will be formed when the acceptance is communicated to the offeror. If any of these elements are missing, the offer will not be valid, and a contract cannot be formed upon acceptance.
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