revoked the same way. Moreover‚ it is particularly problematic if a unilateral offer is revoked before full completion of the act that constitutes the acceptance. In Carlill v Carbolic‚ for example (see: Carlill v carbolic smoke ball co (1893))‚ Mrs Carlill was able to demonstrate that she had completed the acceptance‚ so Carbolic could not have
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Is an invitation to treat an offer? Discuss? Answer: Section 2(a)‚ Contracts Act 1950 provides that ‘when one person signifies to another his willingness to do or to abstain from doing anything‚ with a view to obtaining the assent of that other to the act or abstinence‚ he is said to make a proposal’. Case: M N Guha Majumder v R E Donough [1974] 2 MLJ 114 Facts: Property owned by the defendant was advertised for sale‚ and written offers to purchase were invited. The plaintiff viewed
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enforceable actions • public warnings • court orders • injunctions • compensation orders • civil consequences‚ containing pecuniary punishments and disqualification orders. For example‚ Carlill v Carbolic Smoke Ball Co (1893) was a case presented in an English Court room. Carbolic Smoke Ball Co
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to the act or abstinence. There fore a contract can be made to an individual or the whole world and this case the offer was there and was made to the whole world as in the case of carill vs carbolic smoke ball company where the defendants advertised an offer of 100 pounds to any user of their carbolic smoke ball who caught influenzer after using it‚ they also stated that they had deposited a sum of 100 pounds with the bank
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contract. Invitation to treat is an invitation to make a proposal. According to Coelhor Public Services Commission and Syarikat Gunung Sejahtera V Lim Sze On ‚ advertisements are invitation to treat. However‚ according to s(8) and Carlill V. Carbolic Smoke Ball‚ advertisements that are to the world at large‚ promising something in return for an act are proposals for unilateral contracts. If a person performs the action as required in the advertisement‚ he is accepting the proposal in the advertisement
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will give legal advice to Chuck (offeror)‚ Arnold and Sylvester (offerees). First we must distinguish whether Chuck’s advert was an invitation to treat or an offer. An example of a case involving an advertisement as an offer was Carlill v Carbolic Smoke Ball co. [1] This case involved an advert where Miss Carlill followed a set of conditions but still received influenza‚ she sued after being refused payment. The wording of the advertisement made the advert an offer; the reasonable persons test
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With case examples‚ explain what is meant by the terms offer and acceptance‚ in reference to English Law. 1. The terms offer and acceptance are terms most commonly found in contact law. An offer makes up the first part of a contract‚ it is imperative that the offer is definite. The term offer is defined by Treitel as: ’...an expression of willingness to contract on specified terms‚ made with the intention that it is to become binding as soon as it is accepted by the person to whom it is
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offer’ is not a definite proposal to sell the cookers at the stated price but is simply suggesting that the Speedy Rice Cookers are available for sale. The test in deciding between an offer and an invitation to treat was set out in Carlill v Carbolic Smoke Ball Co which held that an ’invitation to treat is a request for offers’ and determined by the ’ordinary person test’. Clearly here‚ we have an inducement sent out by Italian Cuisine to Tallula to enter into negotiations for the purchase of the rice
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Main paper 2010 (Answer all questions on paper) Section A (1) Outline the facts of Carlill v Carbolic Smoke Ball‚ what area does it relate to and what principles does it outline? (2) Partridge v Crittenden outlines which contractual principle? (3) What is an invitation to treat? Use cases to back up your answer. (4) What is the postal rule? Use cases to back up your answer. (5) What does ADR stand for? Give examples of the general advantages of ADR. (6) What are main types and related advantages
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UNIT 2: OFFER TUTORIAL SHEET 2 1. What is an offer? 2. Explain the two (2) types of offer? 3. Distinguish between an offer and an invitation to treat. 4. What types of communication do not constitute an offer? 5. Explain each type of communication identified in (4) above. 6. When is an offer effective? 7. Explain the difference between a counter- offer and request for information. 8. Explain whether each of the following is a bilateral offer‚ unilateral offer or not an
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