Contract formation

Topic preview

1. 01

   Objective contract test

   Start with the parties’ words and conduct: would a reasonable person think they intended to be bound, or were they still only negotiating?

2. 02

   Offer or negotiation

   Identify the offeror’s promise or proposal: was it definite enough to be accepted, or just an invitation to negotiate?

3. 03

   Matching acceptance

   Check whether the offeree gave an unqualified acceptance matching the offer, or introduced new terms?

4. 04

   Bargained-for exchange

   What did each side give or promise in exchange, and is there a bargained-for benefit or detriment?

5. 05

   Intention to be bound

   Ask whether the context shows a legal intention to be bound, especially in domestic, social, or commercial settings.

6. 06

   Certainty of terms

   Are the essential terms clear enough for a court to enforce, or are key points left too vague or incomplete?

7. 1 more building block

   The full topic unlocks with FLK1 Playbook, including the remaining prompts and answer-key marking.