this video I'm gonna take a look at counteroffers in the formation of a
contract it happens from time to time and the principles of formation of
conflict will apply whether it's property that's being bought or whether
it's a job offer that's been made and the employee may be negotiating with the
would-be employer for a good employment contract and may be negotiating or
trying to negotiate terms just to recap on contract and the formation of a
binding contract you need three things you need offer or agreement you need
consideration and you need intention form legal relations the offer must be
clear and unambiguous and the acceptance then also must be final and clear and
unequivocal and it must be an expression of acceptance of the offer now that is
how you arrive at an agreement from the point of view of formal contract and
remember the formal contract we need agreement we need consideration and we
need intention to formally generations but in relation to agreement let's
assume that the offer is clear and open and unambiguous let's assume that the
employee for example and let's just consider an employee negotiating to get
a contract of employment and start a new job with a new company let's assume that
the employee is trying to do the best they can in terms of getting the best
terms and deals terms of relations that they can and that's assumed that the
employee says no I'm not gonna do it for I won't work say 39 hours wish I worked
35 or I won't work for 45 grand but I work for 50 or something of that nature
and there's a bit of cooing and flowing and then the employee eventually says
okay I'll accept your offer it's quite possible in fact it's quite likely
that the counteroffer there are any counter offers that employee has made
have actually brought about a situation where the acceptance of the original
offer made by the offer are is not clear and is not unconditional
and that counteroffer then is essentially held to be rejection of the
original offer so even though there may be a better showing and flowing and even
though the employee may decide that okay I'll take the original offer I've done
my best in terms of making counter offers I've done my best in terms of
telling improved terms and additions the fact remains that the counter offers
made by the employee may well be held to be rejections of the original offer in
which case the employee is not entitled to accept your agent offer and the
original offer the acceptance of that and the purported exceptions of that can
be ignored by the employer or it can be accepted obviously as well but you do
need to be careful if you are in any negotiation to bring about the formation
of a contract whether it's for buying a shop or a house or a coffee shop or
whether it's for getting a contract of employment you need to be careful in
relation to counter offers because generally counter offers can be held to
eject the original offers the original offer and if the counteroffer is refused
the initial offer cannot now be accepted by the person to whom the offer is made
you can have a look at a blog post I wrote there on employment rights Ireland
calm it's about counteroffers in the formation of binding contracts what you
should know we've also written some stuff on another web site business and
legal of ie about contract law in general contract law and Ireland how
contracts come about what are the vital aspects they apply to features in order
to form a binding contract and so on they may find that useful employment
rights Ireland calm is one of my websites and business and legal or ie is
another one and you'll find some useful information on those websites they hope
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