Contract And Making Offers

For contracts to exist there are four majorprovided that there was an intention to creating
elements which must be satisfied.relations and valuable consideration has passed
1. There must be an offerthen if B accepts that offer then there is a legally
2. There must be an acceptance of an offerbinding contract created.
3. There must be valuable consideration passingWhat is the timeframe under which we B can
between the parties of the contractaccept A's offer. In the absence of the parties
4. There must be an intention between thestating a timeframe (e.g. would you like to buy
parties to create a legally binding agreement whichmy car, you have two days to decide) then a
will be backed up and enforced by the courts ofreasonable timeframe for acceptance will be
the land.inferred by the courts. What is a reasonable
This article will be looking at the first element oftimeframe depends on the circumstances. Clearly
the creation of a contract, the offer, what it isif A makes an offer to B to sell a painting for
and how this affects the contract and then look$1000 and B says he needs time to think about it
at what a counter offer is and how this affectsand then comes back 11 months later saying I
an offer.would like to accept your offer and buy your
The definition of an offer is fairly straightforward:painting as offered for $1000 then if A says no
"I will sell you my car for $4,000"then B cannot sue him for breach of contract
"I will be your personal assistant for 6 months forbecause A can rightly say that his offer was
$20,000"withdrawn over the passage of time.
"I will build you an airport terminal with car parkingIt is important to note that once an offer has
for 5,000 cars for $350 million"are all examples ofbeen made it is capable of being withdrawn by
valid offers.the person making the offer at any time prior to
Once an offer has been made it is capable ofits acceptance provided that it was not promised
being accepted. If A makes an offer to B thento keep the offer open for a set period of time.