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- For an offer to form a binding contract, it must be accepted unconditionally by the offeree. Offers can be terminated through revocation, rejection, counteroffers, or the passage of time, among other factors.
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Can a person accept a contract if he makes an offer?
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Feb 6, 2012 · Contracts contrary to a statutory law such as the Canadian Criminal Code are null and void. (Examples of this might include a work contract for a professional killer, or for a sex trade worker). The same is true for a contract that goes against accepted ethics; or in civil law, public order.
If a person signs a contract because the other person threatened them the contract may be unenforceable, depending on the circumstances and kind of threat that was made. Undue influence is when someone abuses their power over another person to convince them to do something against their will.
For instance, if two people are in a contract, and one person promises that they won’t enforce a contractual right they have, but later sues for breach, the promisee can use promissory estoppel as a defense. Equitable doctrines, such as promissory estoppel, have discretionary remedies.
- Offer. An offer is the tentative promise that begins contractual negotiations. It is when one party to a contract initiates and indicates a desire to enter into a relationship with another party.
- Acceptance. When an offer is made, acceptance of the offer generally requires positive conduct meaning that the acceptance is deemed only to have occurred when the accepting party acts in some way or form that confirms acceptance.
- Consideration. Consideration as an element to a legally binding contract is without the same meaning as the word consideration in common language. While giving careful thought, being the common language meaning of the word consideration, is prudent in contractual negotiations, the word consideration as it applies to contract law means the existence of a value for value exchange between the parties to a contract.
- Intention, ad idem (meeting of the minds) The element of intention involves a genuine desire to establish legal relations. Where a reasonable bystander listening to negotiations would fail to perceive sincerity among one or more of the parties, formation of a contract has failed; and accordingly, the element of intention requires an objective rather than subjective review as was confirmed in, among others, the case of West End Tree Service Inc.
An offer is actually a type of promise in exchange for another party’s specific performance. To be valid for the purposes of a contract, an offer needs to be communicated to the other party, and the other party must have a chance to either accept or reject the offer.
A contract does not exist until there has been a definite offer and an unqualified and unconditional acceptance of the offer communicated to the offerer. There is also a general rule, however, that a court should interpret a contract, if possible, so as to make it work.
The legal reasons to cancel a contract are: Misrepresentation – a false statement of fact made by one of the parties to the other for the purpose of inducing them to enter into the agreement. If the misrepresentation is of a material (important) fact, it makes the contract voidable.
