LAW 122 Lecture Notes - Lecture 7: Posting Rule, Contract, Fax

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Acceptance: they must enter into a bargain by giving each other consideration, a contract will not arise without an intention to create legal relations. The parties must have intended to create a legally enforceable agreement: the courts ask whether a reasonable person would have believed that the parties intended to enter into a contract. The person who offers to enter a contract is the offeror; the person who receives an offer is called an offeree: the courts classify some statements not as offers, but rather as invitations to treat. An invitation to treat is not an offer, but an indication of a willingness to receive an offer. In other words, an invitation for others to make offers. The person who responds to this invitation is the offeror, and the inviter would be the offeree. It may be a written document or an offer may be made verbally.

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