New Year Offers

The expression of an offer may take different forms, and which form is acceptable varies by jurisdiction. Offers may be presented in a letter, newspaper advertisement, fax, email verbally or even conduct, as long as it communicates the basis on which the offeror is prepared to contract. Traditionally the common law treated advertisements as being unable to contain offers, but that view is less forceful in jurisdictions today.[2] Whether the two parties have reached agreement on the terms or whether a valid offer has been made is a legal question. In some jurisdictions, courts use criteria known as 'the objective test', which was explained in the leading English case of Smith v. Hughes.[3][4] In Smith v. Hughes, the court emphasised that the important thing in determining whether there has been a valid offer is not the party's own (subjective) intentions but how a reasonable person would view the situation. The objective test has largely been superseded in the UK by the introduction of the Brussels Regime in combination with the Rome I Regulation.

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