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

contract to exist between Sam and the chain store four elements must be present; these elements are the agreement, the consideration, contractual capacity and a legal object. The first element of agreement consists of an offer, by offeror to enter into a contract and an acceptance of the term by the offeree. The second element of consideration is what each party gets in exchange for the promise under the contract. The third element is contractual capacity, the legal ability to enter into a binding

which is consisted of offer and acceptance. It is formed when two or more parties are taken to have agreed of all the terms in the offer (Law hand book 2013). An agreement is start with an offer from offeror but which does not become a valid agreement until the other party-offeree show an unequivocal willingness to accept the terms of that offer. Both parties must be clear in content of the contract and also what will happen if the contract is broken before having acceptance in a binding agreement

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

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

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

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

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

However, as with most legal arguments, this case cannot be opened and shut based on superficial analysis. It is the law everywhere (in both domestic and international cases) that, in the absence of express approval, the implication of that approval by conduct may indicate acquiescence. While there are several possible suggestions of ratification, and the most significant hint of ratification occurred when a large shipment of Marbles was held up in Piraeus due to pressure from the French to refuse

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

capacity and a legal object. The first two elements are meaning that there was a mutual agreement made by both parties and where all propositions are considered by both the offeror and the offeree. The first is agreement, Mr. Stevens (the offeror) did offer to ship 1,000 units of the Barking Machine to the store manager(the offeree). Therefore, this does qualify as a contract under the

This Parol evidence rule, which has been considered as a common law rule, prevent the parties to the written contract from providing any additional extrinsic evidence, which reveals an ambiguity and refines it, in addition to the terms prescribed in the written contract which appears as complete. The supporting justification to this rule is that since the parties to the contract have signed a final written contract, the extrinsic evidence of the terms and agreements held before should not be taken

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

I. Mr. Malloy Had a Duty to Disclose His Relationship to Mr. Dial The Smythes contractually agreed to settle any disputes regarding the accounts they had with Providence using arbitration, specifically following the standards of the FINRA. (AA:4) FINRA requires certain disclosures prior to appointing arbitrators. First the parties must give potential arbitrators information about the nature of the dispute, and identify the parties. (FINRA Rule 12405(a)) Then each potential arbitrator must make

In this case, there is not a contract between Candie and Delilah. There was no real agreement between them. Candie placed the sweater on sale and Delilah responded to the ad and wanted to purchase it. Candie replied to Delilah that there was a mistake made in the advertisement, and as far as we know, Delilah never responded. If, a court would say there was an agreement or contract based on the facts, Candie has a defense and would be able to have the contract rescission. Her defense would be a mistake

1. Richard Griffin will not be allowed to testify. Just because a bank officer “assured” him that he would only owe 25 percent of whatever balance was unpaid, it was not written into the loan. As per the parole evidence rule which states that when two parties make an integrated contract, neither one may use parole evidence to contradict, vary or add to its terms. Mr. Griffin is bound by the loan that he had signed and not by what they had agreed to that wasn’t in the loan agreement. Since there wasn’t