Formation Issues
A valid contract requires a clear offer, acceptance, and a requested exchange. Promises must be sufficiently certain and binding, not illusory or vague, such as agreements to agree. While writing is not always required, written records provide clarity and facilitate enforcement. Contracts may also arise from conduct, such as purchasing goods or using services.
In cases involving conflicting standard forms, a contract is typically found based on the parties’ actions, especially if performance has commenced. Courts aim to establish a contract wherever material terms are agreed, even if minor differences remain. While rigid principles of offer, acceptance, and counter-offer may not always suit modern commercial practices, they remain central to determining contractual agreements.
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