Offer and acceptance Essays

Alina’s email constitute an offer? An offer requires a willingness to be bound by a contract regulated by certain terms. Under the Electronic Transactions Act 2000 (NSW) , s14B (1) specifies that a message conveyed through electronic communication that does not have a specific addressee and or convey an explicit intention to form a binding agreement upon acceptance is an invitation to treat . Alina’s email is specifically addressed to Ben and may still constitute an offer. To determine this, the intention

misrepresentation made in the contract between Mr Smith and Mr Jones. LAW A contract is a legally binding or valid agreement between two parties. The law will consider a contract to be valid if the agreement contains all of the following elements: offer and acceptance; an intention between the parties to create binding relations; consideration to be paid for the promise made; legal capacity of the parties to act; genuine consent of the parties; and legality of the agreement. Statements made over the course

of law, this case is become an unilateral offer because a suggestion that the offer was too vague to form the basis for a binding agreement, in that it had no time limit, was rejected by the court, which felt that the ball must have been intended to protect its user during the two week prescribed period of use. Secondly, the court viewed the deposit of the £1000 as evidence of an intention to pay any claims and therefore rejected the notion that the offer was simply an advertising gimmick. Thirdly

enforcement and promissory obligations, that are determined under the contract. The liability of the conctracts can be formed as an express promise, in which the rules of the contract are fully performed, or through the implied in facts promise, where the acceptance or understanding of the contract is showed according to the acts of the party. A contract is a legally enforceable agreement containing one or more promises. Not every promise is a contract—only those promises enforceable by law. Although the word

needs to be offer and acceptance too. Once all these elements are present, then it’s a valid contract. There are two main kinds of contracts: unilateral contracts and bilateral contracts. A bilateral contract is an agreement in which each of the parties to the contract makes a promise or promises to the other party. For example, in a contract for the sale of a house, the buyer promises the seller Rs.10, 00,000 in exchange for the sellers’ house. In a unilateral contract, only one

The plaintiff, Joe Douglas, entered into a contract with as long distance telephone service provided by America Online that was subsequently acquired by the company Talk America. After the acquisition, Talk America made four provisions to the contract that Douglas had initially agreed to consent to with American Online. These changes, according to Douglas, were made without any notice from Talk America, and thus in violation of the Federal Communication Act, various California consumer protection

Question 1 (1) The burden of proof means obligation to prove. There are two principle kinds of burden in legal trial; they are • legal burden • evidential burden. Legal Burden The legal burden can be defined as the obligation imposed on a party by a rule of law to prove a fact in issue in order to convince the court. It is also known as persuasive burden. In criminal proceedings in relation to presumption of innocence provided by article 6(2) of European Convention on Human Rights states until

Plaintiff once again argues that it was the prevailing party and that an award of attorney fees and expenses to defendants should, therefore, be denied. Plaintiff acknowledges that it bases its argument on the same authorities used to support its Opposition to Defendants’ Motion to Strike Plaintiff’s Memorandum of Costs. Because the authorities and argument on this point are set forth in Defendants’ Reply to Plaintiff’s Opposition to Defendants’ Motion to Strike Plaintiff’s Memorandum of Costs, the

In this project the team reached an agreement to use the agency contract as a basis of this project. The nature of this contract is a relationship between two parties the first is the principal “Chevrolet” and the second party is the agent “Mansour Group” in case of our project. The principal agrees that the agent would act on his behalf, using some terms and conditions that both parties agree on to sell products. Termination of the contract and the actions that are considered a breach in the contract

The Human Right act (HRA) 1998 Interpreting legislation The human right act section 3(1) provides that the subordinate and primary legislation must be “read and given effect in a way which is compatible with the convention right”. It can be seen that the provision in section 3(1) of the human right act 1998 can be applied to all primary and subordinated legislation whenever enacted.(Rosemary43) Court rulings According to section 2 of the Human Right Act 1998 which provide that the court or tribunal

Part II II. a. Psyche: A Crypted Text The challenge of hospitality is to extend an invitation to the other, in its otherness. The unanticipatable other, whose arrival puts into question one’s own belonging. To extend hospitality to madness, from the discourse of psychoanalysis, would require a closer attention to the absences in spoken language, to the hyphens and margins of the one’s speech. This demands that new avenues for interpretation be brought forward. To attempts to create spaces for the

A contract is entering into a formal and legally binding agreement, an agreement of two or more persons or entities. In which there is a promise to do something in return for a valuable benefit known as consideration. Consideration is; something of value given by both persons to a contract that induces them to enter into an agreement to exchange mutual goods or services. There are two types of contract, bilateral and unilateral. Unilateral contracts consist of only the promiser, meaning it requires

The Masons ' New Car Name: Institution: The Masons ' New Car Decide whether this Court should hear this case or dismiss the case and direct the parties to binding arbitration in agreement with the Retail Buyer’s Order. Masons had signed various black contracts that included a Retail Installment Sales Contract; Retail Buyers’ Order and an Odometer Disclosure form. As such, they appear to have in principle agreed to the terms and conditions of the contracts and hence were liable to

1 Introduction Consent can be defined as voluntary agreement, compliance or permission. Consent is a unilateral act, and so consent may be withdrawn by one person. People are allowed to “waive their legal rights” if they choose to do so. This would mean that the victim, by consenting to suffer harm, excuses the wrongful conduct of the person who has inflicted the harm and thereby excuses him/her of being held liable. The principle of volenti non fit iniuria applies, he who consents cannot be

The principle of “good faith” in contract law has been inserted with the intention of encouraging parties to a contract to deal with each other in a just and sincere manner. The implied concept of “good faith” turns up not only in the countries having civil law systems but also in the countries with common law systems. The key difference between the application of “good faith” in common law countries and civil law countries is that under the common law, the principle of good faith is applied only

INTRODUCTION The statement, which is a quote from McPhail v Doulton , is stating that for a trust to be valid the beneficiaries must be able to be identifiable, meaning there are persons with a beneficial interest in the trust. From the case of Re Endacott we know that beneficiaries must be certain or capable to be certain; with out this, the trust will fail. It is so crucial to identify the beneficiaries because the trustees must know to whom they owe an obligation, and so the courts can enforce

Glynn contends that Facepunch breached the contract between the parties by failing to render 60% of the profits of the sale of the videogame RUST. Facepunch responds that the parties never agreed to a definite profit-sharing structure. In Minnesota, the elements of a breach of contract claim are: (1) formation of a contract, (2) performance by plaintiff of any conditions precedent to the right to demand performance by the defendant, and (3) breach of the contract by defendant. “Whether a contract

A) 1. This case is about a contact of sale and purchase. Henry had a written contract for purchasing a guitar. The seller was John. After the terms got written, John orally amended the purchase price. Henry claimed that in accordance with the Equal Dignity Rules, this amendment was required in writing. 2. The law applicable to the facts is the “Statue of fraud.” The Statue of fraud required everything to be in written form within a contract of sales. Since, it was a contract of sale between Henry

Activity Self-assessment questions 1. How do courts decide if an agreement is intended to be legally binding? 2. Why should an agreement within a family not be legally binding? 3. Why are the cases of Balfour v Balfour and Merritt v Merritt decided differently? 4. Why should commercial agreements generally lead to a legal relationship? 5. How will businesses try to get round the rules on intention? 6. What is an ‘honour pledge clause’? 7. What is the reasoning behind making freegifts, prizes in

By virtue of the rule for reciprocation, which is one of the most powerful weapons of influence, we are obligated to the repayment of favours, gifts, invitations, etc. There are two ways that the rule of reciprocity is used to get people to comply with a request. It can be used by getting people to repay favours after having them received one or it can be used by getting people to make a concession by making a concession to them first. Either way, this weapon of influence is not only pervasive, but