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Law

Study Notes

Key Case | Taylor v Laird (1856) | Formation of Contract - Communication of Offer

Level:
A Level, IB, BTEC Level 3
Board:
AQA, Edexcel, OCR, IB

For a valid offer to be proven, the offeror must communicate the offer to the offeree, an offeree cannot accept an offer they are not aware of. In this case, there was no contract as the claimant had not communicated the offer to the offeree.

CASE SUMMARY

Claimant: Taylor (employee)

Defendant: Laird (employer)

Facts: Laird owned a ship, for which he employed Taylor as the captain. During a voyage he began undertaking the role of crew member rather than captain. Upon return from the voyage the claimant sought to enforce payment for his alternate role.

Outcome: Not liable – no contract

Legal principle: There was no contract as the claimant had not communicated the offer to the offeree, an offeree cannot accept an offer they are not aware of.

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