Common Law Essay Example | Topics and Well Written Essays - 2000 words - 1

Common Law - Essay ExampleOnce this process ceases, the parties atomic number 18 supposed to reach an agreement or abandon the process without an agreement. The traditional way of ascertaining whether or not an agreement has been reached is to apply the rules of offer and acceptance. An offer, when properly made by one party and accepted by another party, an agreement is said to take place. That is, on acceptance or at the moment of confabulation of acceptance, to be more precise. Though the process is simple, it raises several questions as to whether an offer has been made at totally and who the offeror is.An offer can be made at auctions, tenders, by price list or advertisements. But these are not strictly offers but invitation to treat. See Pharmaceutical Society of Great Britain v Boots 2 The offer comes in variety of forms that a formal communication of acceptance is not requirement in all cases. For example, advertisement of rewards and offers to the whole world. See Carlil v Carbolic Smoke ball & Co 3 Some times, question arises as to whether a silence can amount to acceptance. The agreement so create by the process of offer and acceptance, should be supported by another element known as consideration. Consideration is something what the offeror and the acceptor are prepared to exchange for what he has been offered or has accepted.4 Gratuitous promises cannot be enforced as was established in Re Hudson,5 wherein Hudsons executors were sued after his death for moneys owed by him on account of balance of donation he had promised give 4,000 per year for five years. The court held that money had been promised to be paid by him merely as a charity and not in exchange of some thing the donees had given him in return what is known as consideration in law. The position would produce been different had Hudson executed a gift deed which could not be construed as a veer in any case. Thus, an offer is a proposal or promise by one psyche to another