Tenders are generally regarded as invitations, with tenders themselves constituting tenders which may be accepted or rejected. However, the call for tenders may be the subject of a separate tender for the examination of all tenders submitted. o This is the rule of reflection: an acceptance must reflect the conditions of the offer. The problem is that the bidder sometimes does not accept, but makes a counter-offer. This is also called the traditional approach of offers can really cover everything from an oral agreement to the provision of a service, such as for example. B housesitting, to a detailed contract with legal terminology that can be found in a real estate transfer agreement. This is more than a promise, because it must be done with the understanding that what is agreed is legally binding. This can be the sale of goods, a commitment to provide a service, or even a promise not to participate in an activity. The more complex the agreement, the more likely it is that each party will hire a lawyer to negotiate the contract.
Facts: In this famous case, Carbolic Smoke Ball Co. announced in several newspapers that a £100 reward would be given to anyone infected with the flu after using the smoke balls manufactured by the Carbolic Smoke Company, in accordance with the printed instructions. One lady, Mrs. Carlill, was using the smoke bullets according to the company`s instructions and was already suffering from the flu at the time. Detained, she was able to recover the amount, since she had accepted the offer with the smoke balls. o Death of the supplier: the offer is extinguished and the supplier`s personal representatives cannot accept on behalf of the deceased= Reynolds v Atherton If an agreement is materially uncertain, it cannot constitute a binding contract. This may be the case where the agreement is „vague or ambiguous“ or incomplete or constitutes a mere „consent agreement“. The importance of offer and acceptance is the basis of a contract. To enter into a contract, there must be a one-party bid.3 min In general, the bidder can revoke their bid before being accepted. If it does so, the tenderer cannot conclude a contract by accepting the revoked tender. However, the majority rule shall not apply unless the acceptance is correctly addressed and postage is paid in advance.
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