Several requirements are needed for a contract to be stipulated. These are the offer, acceptance, consideration and intention to create legal relationships. The contract can also be terminated. There are two types of offers; specific and general. Specific offers are those made by a person or group of people who can choose to accept, while general offers are made to a generalized majority, as in awards and public announcements. In the case of CARLILL v CARBOLIC SMOKE BALL, a blanket offer had been made, as it was an advertisement. The company did not comply with the stated terms; therefore the court held that the contract had been breached because an offer had been made. It has rightly been decided that most offers require verbal or written acceptance. This requirement was not present in the case of WILKIE v LONDON PASSENGER TRANSPORT BOARD, as it was not clear how and where the contract was made during the bus journey. From this case it would appear that it may be necessary for verbal or written acceptance to be mandatory in the formation of every contract, however this may prove difficult. In FISHER/BELL it had to be decided whether an offer had been made or whether it was an invitation to negotiate. This comes before the offering. In this case it was decided that an offer had not been made, as shop windows are generally not offered. This was later confirmed in the case of MELLA v. MONAHAN. Problems can arise when deciding whether or not an offer has been made, as in the case of GIBSON v MANCHESTER CITY COUNCIL, however generally courts work with efficient rules to produce efficient results. Once an offer has been made, the next stage in the process the making of a contract is... middle of paper... verdict that the contract is still intact as the death did not affect the contract, as the bond was not personal . You can also withdraw an offer at any time before acceptance. This rule can cause complications, as in the ERRINGTON/ERRINGTON case, when a withdrawal occurred while the couple was in the acceptance phase. However, the courts managed to reach a reasonable verdict stating that once the couple completed the payment of the installments, the house would become theirs, as the acceptance was a continuous act. If a failure of a precondition has occurred, the offer is no longer capable of being accepted, as in the case of FINANCINGS LTD v STIMSON. From the above evidence, it would appear that although in some cases some complications may arise when examining contract formations, the rules provided generally produce accurate results.
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