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- The only person who can accept the offer is the one to whom it's made.
www.upcounsel.com/accepting-a-contractAccepting a Contract: Everything You Need to Know - UpCounsel
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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.
Offer – One party must make a clear and unequivocal offer to enter into a contract. Acceptance – The other party must accept the offer, either by agreeing to its terms or by performing the actions required in the contract. Consideration – Both parties must exchange something of value, such as money, goods, or services.
- 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.
Jun 1, 2024 · A Q&A guide to general contract formation and enforcement in Canada. The Q&A gives a high-level overview of key concepts of contract law, including contract formation with general information on authority and capacity, formal legal requirements, preliminary agreements and pre-contract considerations, formalities for execution, deeds ...
The only person who can accept the offer is the one to whom it's made. Acceptance will be judged objectively, meaning that if the average person makes an offer that he believes the other party accepted, then a contract exists, even if the other party didn't mean to accept.
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.
You can refuse to accept such goods, and demand that your money be refunded to you. If you have already accepted goods which turn out to be seriously defective, you may be entitled to receive a portion of your money back.
