INTRODUCTION

Summary of main points

This chapter concerns the process of reaching a consensus. Here the analysis is dominated by ‘offer and acceptance’. The main points of discussion will be:

The process of offer and acceptance

1. (1) In many situations, especially when the parties are in correspondence, English law requires an agreement to result from acceptance of an offer; however, it is admitted that some situations produce a consensus without such a clear-cut form of dealing.

2. (2) An offer can be made to an individual, a member of a group, or even the public at large; acceptance presupposes knowledge of an offer; acceptance must be made by an intended offeree; the general rule is that contracts involving reciprocal obligations (‘bilateral contracts’) cannot be accepted by silence; but sometimes an agreement can arise if the offeree has acted on the offer in a manner indicating implied assent to it (‘acceptance by conduct’).

3. (3) Offers should be distinguished from a mere ‘invitation to treat’; such an invitation is an opportunity for further dealings, but not a communication or presentation rendering the relevant party's goods (or services etc.) open to immediate acceptance; for example, goods on display in shops are not available to be immediately accepted; and most advertisements for goods or services are regarded as ‘invitations to treat’.

4. (4) An offeree can make a counter-offer; if this is rejected, and the original offer is not reinstated, the offeree cannot accept the original offer.

5. […]