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    MacMillanStone - Guía de Lectura

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    Melanie
    This document provides an overview and questions about the key requirements for forming a valid contract under English law. It discusses the requirements of offer and acceptance, consideration, and intention to create legal relations. Specifically, it addresses: 1) The definition of an offer and how it differs from an invitation to treat or statement of intention. 2) The definition of acceptance and validity, including the postal acceptance rule. 3) The role of consideration in determining whether an agreement is legally enforceable, rather than a non-binding gift promise. 4) Additional requirements for a valid contract, including intention to create legal relations between the parties, certainty of terms, and completeness of the agreement.

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    MacMillanStone - Guía de Lectura

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    Melanie
    21 views2 pages
    This document provides an overview and questions about the key requirements for forming a valid contract under English law. It discusses the requirements of offer and acceptance, consideration, and intention to create legal relations. Specifically, it addresses: 1) The definition of an offer and how it differs from an invitation to treat or statement of intention. 2) The definition of acceptance and validity, including the postal acceptance rule. 3) The role of consideration in determining whether an agreement is legally enforceable, rather than a non-binding gift promise. 4) Additional requirements for a valid contract, including intention to create legal relations between the parties, certainty of terms, and completeness of the agreement.

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    MacMillanStone Guía de Lectura

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    MacMillanStone_Guía de Lectura

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    This document provides an overview and questions about the key requirements for forming a valid contract under English law. It discusses the requirements of offer and acceptance, consideration, and intention to create legal relations. Specifically, it addresses: 1) The definition of an offer and how it differs from an invitation to treat or statement of intention. 2) The definition of acceptance and validity, including the postal acceptance rule. 3) The role of consideration in determining whether an agreement is legally enforceable, rather than a non-binding gift promise. 4) Additional requirements for a valid contract, including intention to create legal relations between the parties, certainty of terms, and completeness of the agreement.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    21 views2 pages

    MacMillanStone - Guía de Lectura

    Uploaded by

    Melanie
    This document provides an overview and questions about the key requirements for forming a valid contract under English law. It discusses the requirements of offer and acceptance, consideration, and intention to create legal relations. Specifically, it addresses: 1) The definition of an offer and how it differs from an invitation to treat or statement of intention. 2) The definition of acceptance and validity, including the postal acceptance rule. 3) The role of consideration in determining whether an agreement is legally enforceable, rather than a non-binding gift promise. 4) Additional requirements for a valid contract, including intention to create legal relations between the parties, certainty of terms, and completeness of the agreement.

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    TRADUCCIÓN JURÍDICA Y ECONÓMICA EN INGLÉS 2

    CONTRATOS
    GUÍA DE LECTURA
    MacMillan, C. & Richard Stone. Elements of UK Contract Law. London: University of
    London, 2012.

    PART I: REQUIREMENTS FOR THE MAKING OF A CONTRACT


    OFFER AND ACCEPTANCE
    Not all promises are enforced by courts. To enforce a set of promises, or an
    agreement, courts look for the presence of certain elements. When these
    elements are present, a court will find that the agreement is a contract. To say that
    there is a contract means that the parties have voluntarily assumed liabilities
    with regard to each other.
    1. What is an offer? How does it differ from an invitation to treat and from a
    statement of intention? When has an offer been communicated?
    2. What is acceptance of the offer? When is the acceptance valid? What does the
    postal acceptance rule refer to?
    3. Where a method of acceptance has been prescribed by the offeror:
    a. May the offeree choose to use another method of communicating his
    acceptance?
    b. Whose interest should prevail?
    4. When does an unaccepted offer expire?

    CONSIDERATION
    The concept of “consideration” is the principal way in which English courts decide
    whether an agreement that has resulted from the exchange of offer and acceptance
    should be legally enforceable.
    A promise to make a gif will not generally be treated as legally binding. It is the
    presence of consideration which makes this promise binding as a contract.
    1. Which are the essential elements of the concept of “consideration”?
    2. There are three types of existing obligation which may be argued to constitute
    “consideration”, which are these?
    3. What does “past consideration” refer to?
    4. What is the role of consideration in the modification of existing contracts?
    5. Which are the essential elements of the doctrine of “promissory estoppel”?
    How can this doctrine lead to the enforcement of promises which are not
    supported by consideration?

    OTHER FORMATIVE REQUIREMENTS: INTENTION, CERTAINTY AND


    COMPLETENESS
    To the basic requirements necessary to form an enforceable contract (offer,
    acceptance and consideration), we must add three more: that the parties intend to
    create legal relations; that the terms of their agreement are certain and not vague;
    and that their agreement in a complete agreement that does not need further
    development or clarification. Once all these requirements are present, an
    agreement can be recognised as an enforceable contract.
    1. What is meant by “an intention to create legal relations”?
    2. What is the difference between domestic agreements and commercial
    agreements?
    3. What does “certainty of terms” refer to?
    4. Why must the agreement be complete?

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