Contract Formation Doctrine
As long as we are considerate of the fact that any delineation of contract issues into discrete subject areas will be somewhat superficial, we can, nevertheless, further our understanding of contract by focusing on the considerations that commonly attend the incidents of the consensual undertaking. This chapter discusses the cases that have had the most influence on the contract formation doctrine. Specifically, it focuses on cases that impact the doctrines of consideration, offer and acceptance, and mistake. The exposition suggests the incongruities of the doctrine as well as the doctrinal tensions revealed by the cases. The chapter is divided into sections by cases. In each section a case is analysed, the court’s rationale is critiqued, the case’s influence on the law is discussed, and the current state of the law is reviewed.
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