The class discussed various aspects of valid acceptance and communication in contract law.
Clarification: The class confirmed that affirmative consent has been discussed.
Key point: Silence or lack of response does not imply consent.
Review of elements of a valid acceptance, including communication, intent, and definite terms.
The instructor will engage students in applying these concepts to case law.
Key Concept: Valid communication differs between an offer and an acceptance.
Offers can be communicated in various forms (oral, written, implied).
Acceptance must also be communicated effectively and can have specific methods as stipulated by the offeror.
If the offeror specifies a method of communication (e.g., "respond in writing by a certain date"), that becomes mandatory.
General principle: Offers become effective upon receipt, while acceptances become effective when sent.
The instructor called on various students to encourage involvement and gauge understanding of the material.
Emphasis on providing substantive answers rather than simply restating facts.
Key Concept: The mirror image rule states that an acceptance's terms must exactly match those of the offer for a valid agreement to exist.
Importance of identity in terms:
An acceptance with changes or additions is not valid.
The instructor emphasizes the need for clarity in distinguishing between offers and acceptances.
Emphasis on collaborative learning; students are encouraged to share understanding as a group.
The importance of being prepared with briefs and discussions for clarity in analysis.
Practical implications of communication in contract law are illustrated by real-life examples (e.g., insurance claims).
Discussion covered various cases to illustrate principles learned.
Anticipation of moving forward to considerations in the next class.
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Studied by 45 people
