Talk:Offer and acceptance

Page contents not supported in other languages.
From Wikipedia, the free encyclopedia

Old comments[edit]

Would it not be appropriate to have a page discussing the notion of contract law in its more abstract form - ie. without taking consideration of the particulars of the subject that are peculiar to certain legal systems? It could also double as a disambiguation page, which points to separate pages whereby the specifics of contract law of a particular country are discussed. For example: 'Law of Contract in England & Wales' and 'Law of Contract in the USA' etc. These 'national' pages could further be broken down into, say, 'Offer & Acceptance in England & Wales' etc. I just feel that we need a coherent structure that adequately takes account of the different legal systems and distinguishes them clearly. --Steve 18:22, 11 May 2006 (UTC)[reply]

This article is about a very particular aspect of law and a discussion of the case law, in various countries, is important in establishing the concepts. Discuss this on Talk:Contract. enochlau (talk) 06:02, 12 May 2006 (UTC)[reply]

Instead of having seperate pages, merge into the topic of contract and use links were appropiate.

I disagree. The reason why I moved stuff out of contract in the first place is that it's getting really really long. In fact, there should be a lot more pages that discuss side issues carved out of contract, I think. Enochlau 14:33, 2 October 2005 (UTC)[reply]


Just wondering, might it be a good idea to state which countries this subject is relevant in? EG in Australia, English cases are not binding on us after 1901, and Australian cases are almost never considered in British courts, except on new issues and only as obiter dicta. BarnabyG 01:30, 14 May 2007 (UTC)[reply]
The right of appeal to the Judicial Committee of the Privy Council existed and was used up to the point where it was limited by Privy Council (Limitation of Appeals) Act 1968 and the Privy Council (Appeals from the High Court) Act 1975. Appeals from State Supreme Court matters existed all the way up to the Australia Acts. Privy Council judges were often Law Lords as well. Stare decisis would mean that those judgements remain good law until the HCA or Parliament decide otherwise. It's important to know the jurisdiction, but many contracts cases are English simply because the law was settled a long time ago, and there have been no disturbances since. And even when they have, they have been highly persuasive in the development of the law elsewhere e.g. the rule in Williams v Roffey Bros. --202.73.198.161 (talk) 05:53, 10 December 2007 (UTC)[reply]

Is all offers named as "offers" or does it exist many types of offers? Those who no know can fill in one additional sentence.

G.H. Tretel[edit]

Who is G.H. Tretel? Is he a well-known, reputable contract law writer? Or are these crib notes? Enochlau 23:23, 2 October 2005 (UTC)[reply]

A well-known, reputable academic and commentator on law cases, has written an exhaustive textbooks and is considered a persuasive source to quote from by the courts. He has a knighthood. --Sephui 00:41, 16 March 2006 (UTC)[reply]

He was Vinerian professor of law at Oxford University until retirement, is a QC, an honorary bencher of Gray's Inn, and if you haven't heard of him it is a little odd to be editing/reviewing an article on contract law in the common law world.194.80.32.9 (talk) 16:08, 17 June 2009 (UTC)[reply]

Offer in Business Law Offer

It is a part of contract without, it can not made agreement

Offer is willingness to do something or not to do something which is shown to another person to obtain his consent (views) is called offer. — Preceding unsigned comment added by 49.203.20.66 (talk) 01:29, 5 August 2011 (UTC)[reply]

Counterparts[edit]

Ought to be in here somewhere. Counterparts are where each party signs the contract but not necessarily the same copy. I sign a blank and send it to yo u,you sign a blank and send it to me. I can wave my copy around in court if you don't perform. It binds you because you signed it and binds me because I produced it and claim it's a binding contract.

It is a throwback to when xerox was expensive and involved monks (or hot lead). Often a contact was split into two documents. I'd sign one part listing my duties to you in the contract and you got that. The other was the reverse. Both parts didn't list all the terms of both because we didn't want to pay medieval kinkos.

Counterparts are more popular than ever thanks to the PDF. I often use a clause allowing counterparts. — Preceding unsigned comment added by 12.149.156.242 (talk) 01:06, 6 May 2012 (UTC)[reply]

English law?[edit]

Is this article based on the English law interpretation of Offer and Acceptance? I believe different legal jurisdictions have their own interpretations, which is discussed within the United Nations Convention on Contracts for the International Sale of Goods article. Is a global view needed here, or perhaps make it clear which jurisdictions this article applies to? Road Wizard (talk) 16:43, 20 October 2012 (UTC)[reply]

Carbolic[edit]

The section on Carbolic Smoke Ball states that the buyer was male, but the buyer in that case was a woman. Is there a reason for this, and would anyone object to that being changed? --PlasmaTwa2 18:28, 7 December 2017 (UTC)[reply]

Unilateral contract?[edit]

it is very weird, seems to me what described is just "an indetermined offeree contract", obligation is bilateral: whoever fulfils the requirements of the contract is entitled to reward. I would say unilateral contract should be something like this: I give you 10 dollars, you do not have to give me anything. Another example is donation. So a wrong term has been used in the history. Jackzhp (talk) 02:00, 6 January 2019 (UTC)[reply]

No, the article is absolutely correct. Please read a hornbook on contract law. --Coolcaesar (talk) 04:11, 6 January 2019 (UTC)[reply]

worldwide?[edit]

Is this a "traditional concept in contract law" as the intro indicates or only a concept in a specific niche (for those following the common law for example?). A paragraph on the territorial scope would be relevant..... L.tak (talk) 20:22, 25 January 2019 (UTC)[reply]