ABSTRACT
Agreement, offer and acceptance together deal with the formation – the making – of contracts. Although it is obvious that it is important to see that a contract has been formed, it is easy just to examine the mechanics of contract formation – the offer and the acceptance – and then forget the whole basis of contract law, that is, the agreement. This chapter will examine the importance of the concept of agreement. In examining the concept of agreement the intention of the parties will be closely analysed. Finally, as part of the examination of the intention of the parties we will distinguish between an invitation to treat and an offer.
