Contract Law in English Law

These flashcards cover key vocabulary and concepts related to contract law as discussed in the lecture.

Mirror Image Rule

Acceptance must mirror the terms of the offer exactly in order for a contract to be formed.

Objective Test

A legal principle that asserts a person's intention to contract is assessed based on how a reasonable person would interpret their behavior and conduct.

Invitation to Treat (ITT)

An indication that a person is willing to negotiate a contract but is not an offer capable of acceptance.

Offer

An expression of willingness to enter into a contract on specific terms, which is capable of being accepted.

Counter-Offer

A response to an offer that alters the terms of the original offer and effectively terminates that offer.

Acceptance

An unequivocal expression of consent to the terms of an offer; must correspond exactly with the offer.

Postal Rule

A rule stating that acceptance is effective when it is posted, not when it is received.

Revocation

The act of withdrawing an offer before it has been accepted, which must be communicated to the offeree.

Bid

An offer to purchase at an auction; considered a formal offer when placed in response to an invitation to tender.

Unilateral Contract

A type of contract that consists of a promise in exchange for a specific act, which must be performed for the contract to be binding.

Third Party Communication

The concept that an offeror's revocation can be communicated through a reliable third party.

Meritorious Claimants

Individuals who may still claim a reward despite not formally accepting terms, based on the fairness of their contributions.

Lapse of Offer

The termination of an offer after a specified time or after a reasonable time if no acceptance occurs.

Procedural Contract in Tenders

A secondary understanding that invites tenders can represent a unilateral offer to consider bids.

Communication of Acceptance

For acceptance to be valid, it must be communicated to the offeror, unless specified otherwise.

Silent Acceptance

The notion that silence cannot be interpreted as acceptance of an offer.

Expectation Damages

A form of monetary compensation awarded to cover the expected benefits that were promised in a contract.

Reliance Theory

A theory proposing that contractual liability is grounded in the reliance of one party on the promise of another.

Distributive Justice

A principle that argues contract laws should account for the distribution of wealth and resources to ensure moral fairness.

Will Theory

A theoretical perspective that views contracts as a convergence of individual wills or intentions.

Two-Contract Analysis

A framework used to explain the relationships between procedural contracts and main contracts, commonly seen in tendering processes.

Battle of Forms

A situation in contractual negotiations where different parties attempt to impose their own terms; resolved based on the last party's terms acted upon.