Haven't found the Essay You Want?
For Only $12.90/page

Harris v Nickerson Essay Topics & Paper Examples

The Process of Contract Formation Explaining the Methods by Which the Courts Decides Whether or Not the Parties Have Reached an Agreement.

To establish whether the parties have formed a contract, the courts begin from examining the elements of offer, acceptance, whether or not there was a consideration or the bargain and the contractual intent to make a binding contract and any other external positive factors. The coincidence of offer and corresponding acceptance results in a contract. In some instances contracts are inferred from the conduct of the parties without a direct offer and a corresponding acceptance. Hence the courts further tries to see if the minds of the offeror and the offeree had actually met (the principle of consensus ad idem) for the contract to be formed. CONTRACT FORMATION For a contract to be formed there must be an offer from…