Binding Agreement Created By An Offer That Is Accepted By A Promise Of Performance

Suppose a trader makes an offer to sell you a pair of shoes for £10. You answer with “yes”, “OK”, “No problem”, “I accept” or nod. There is also the related point: some people may not be entitled to legally bind a company or other registered legal person, for example. B a director of a company who has appointed a liquidator (this is a point related to actual or presumed authority). For example, if I work for you on Saturdays and Sundays, and you say, “OK, I accept that you work on Fridays and Saturdays,” you have made a counter-offer. You did not accept my offer on the proposed terms. If an offer is ambiguous, so that it is not certain that acceptance is necessary by a promise or an act, the general rule is that acceptance is valid by a promise or an act. In cases of economic law, the courts do not easily accept that a company undertakes to conclude an agreement that it considers unfair or contains inappropriate clauses. One or more offers, assumptions or considerations remain too uncertain.

However, if the seller ships non-conforming goods to the buyer, but a message indicates that the goods shipped is only a “dwelling” to the buyer, there is no infringement and the shipment is considered a counter-offer. For example, the contracts to be negotiated are too uncertain to be binding. Error in sending the offer If an intermediary, z.B. a telegraph company that presents an error in the transmission of an offer, most courts are required by the party who chose that method of communication to submit to the conditions of the erroneous message. The same rule applies to receptions.