Contracts Week 4 laws3303 notes ogilvie PDF

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class notes for contracts laws 3003 marg ogilvie fall of 2020...

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Tuesday, June 1, y

Contracts Week 4

- St John tugboat v Irving refinery; acceptance by conduct situation; refinery for oils & gas; tugboat company. They had a contractual relationship and long term standing was that tugboat would help them dock the boats in St.John. deverage charge is basically a parking ticket for boats. There was awaited offer from st.john to Irving and there was a verbal extension and acceptance of offer. St.jon sent invoices to Irving and Irving did not pay for stand by tugboat services. The acceptance was in Irvings conduct. They knew the tugboats were there and used the boats, so acceptance was by conduct.

- Any method of communication can be accepted for contracts as long as the acceptance matches the offer.

- When there are exceptions to the execution then you go back to the general rule.

- Instantaneous- is all forms of communication except for mail-post - General rule about method of communicating acceptance is instantaneous; when the offeree uses this rule the acceptance must be communicated and accepted to bind a contract.

- Postal acceptance rule- is deemed to be communicated when the letter of acceptance is posted (put into the hands of the post office; not when it is received by the offerer) the post office is deemed to be the agent between the two parties by the court. When the offerer choses to negotiate by post he must choose to accept the risk of the acceptance going missing.

- The exceptions to the exceptions is when the postal method is not appropriate/ the circumstances are not appropriate; like when an offerer outs an acceptance to the post and the post goes on strike. Another acceptance is when an acceptance is sent through the post but the offer stipulates a different method of acceptance of communication, the only way of consensus if for the offeree to execute said offer of acceptance by which was stipulated in the offer of acceptance by the offerer. 1

Tuesday, June 1, y

- Telefax case follows the instantaneous rule. - An offer can be terminated by withdrawal of an offer. An offer may be withdrawn prior to the acceptance of the offer. You can withdraw an offer anytime prior to acceptance. Theres no legal obligation in existence. To withdraw an offer effectively however though, the offerer must communicate this to the offeree.

- The letter of withdrawal b=must reach the offeree. - An offer stated to be open for a stated period of time cannot be accepted once that time period has elapsed.

- Death of the offerer terminates the offer.

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