Homework SourseMidterm X MSC AACSa courses1641341quizzes3520265take O trust
Solution
The elements that are necessary for an offer to be valid are:
1. Communication - The offer must be communicated to the other party in the contract. Offer will be regarded as incomplete if it is not communicated and if it is not communicated it cannot be accepted. Therefore offer that are not communicated will not be considered as valid.
2. Terms and conditions of the offer must be clear and definite - The offer must not contain any hidden or uncertain conditions. It should be clear, definite and certain to be considered as an Valid offer. For example John has several pens and he offers Tim to sell 3 pens for $10. This is not a valid offer as John did not specify which pens he will sell for $10.
3. Legal Relationship - The offer must create legal relationship between the offerer and offeree and it is an essential element for a contract to be valid. It must be noted that social invitations will not create legal relationship as breach of it will not give rise to any legal consequences.
4. Consent - When an offeror makes an offer to the offeree, the offeror tries to obtain his consent. This is an important element of a valid offer as once the offer is accepted the offeror will be bound by it.
5. Specific or general - Specific offer means when an offer is made to any specific person and general offer means when an offer is made to the public at large. For example - Max puts up an advertisement in a local newspaper that whoever finds his dog shall be rewarded $1000. This is a general offer as Max is making this offer to the public and not any specific person.
6. Should not contain a term non-compliance of which leads to acceptance - If the offer has a condition that if there would be certain non-compliances it would lead to acceptance of the offer then such an offer will not be a valid one.
Two examples of non offers are expressing an opinion and joke.
