offer may be made to a particular individual‚ to a group of people or to the whole world. If the offer is made to specific individual‚ only that person may accept it; if the offer is made to the world‚ it can be accepted by anyone‚ as in Carlill v Carbolic Smoke Ball Co [1893] 2 Q.B 49. • Advertisements are normally interpreted as invitations to treat‚ Granger and Sons v Gough (1896) AC 325. However they may
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BEFORE AFTER LIFEBUOY’S REPOSITIONING STRATEGY: Lifebuoy soap is a very old brand of bath soap in India‚ Life Buoy is an anti bacterial soap and in the beginning it positioned itself on its antibacterial qualities‚ lifebuoy gained a number of customers with this positioning‚ but then there comes the competition with the Dettol soap.. All this put Lifebuoy out of lime light and to survive in market‚ Lifebuoy positioned itself on price it became low price antibacterial soap. This strategy
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Carbolic Smoke Ball Co. (1893). It was stated by the Carbolic Smoke Ball company in advertisements in the Pall Mall Gazette and other newspapers in 1891 that a £100 reward would be paid by the Carbolic Smoke Ball Company to any person who contracts Influenza‚ Colds or any other disease caused by taking cold‚ after having used the smoke ball three times each day for a period of two weeks according to the printed directions that were supplied with each smoke ball. Carbolic Smoke Ball Company
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Introduction Law is a system of rules and guidelines which are enforced through social institutions to govern behavior‚ wherever possible. The law of contracts differs from other branches of law in a very important respect. It does not lay down so many precise rights and duties which the law will protect and enforce. Instead‚ the law of contract is a division of law which contains rather a number of limiting principles‚ subject to which the parties may create rights and duties for themselves‚ and
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INTRODUCTION A contract has been defined as a legally binding agreement or‚ in the words of Sir Frederick Pollock: ‘A promise or set of promises which the law will enforce’. However‚ not all promises or agreements give rise to contracts. According to the case study‚ Andrew‚ who works as a salesman at Wholesome Vegetables Ltd‚ offering to sell Ben 100 bags of potatoes at £10 per bag. At first Ben accepted Andrew’s offer but when he heard the news about a slump in the price of potatoes which has
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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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Nickel Ltd v Tarmoola Australia Pty Ltd (2000) 22 WAR 101 Balfour v Balfour (1919) 2 KB 571 Boscolo v Department of Education‚ Employment and Workplace Relations (2009) 51 AATA 794 Brambles Holdings v Bathurst City Council (2001) NSWCA 61 Carlill v Carbolic Smoke Ball Company (1892) EWCA Civ 1 Elizabeth City Centre Pty Ltd v Corralyn Pty Ltd (1994) SASR 235 Master v Cameron (1954) 91 CLR 353 Meehan v Jones (1982) 149 CLR 571 Merritt v Merritt (1070) EWCA Civ 6 Prudhoe Corp Pty Ltd v Commissioner of
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Business Law: Offer and Acceptance. For a simple contract to be valid one party must make an offer and the other party accept it. An offer is made where a person (the offerer) unequivocally expresses to another (the offeree) his willingness to make a binding agreement on the terms specified by him if they are accepted by the offeree’ (Card 2002). This offer could be made to a specific person‚ in which case it cannot be accepted by anyone other than that individual. On the other hand it could
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1.0 Introduction Contract--This term‚ in its more extensive sense‚ includes every description of agreement‚ or obligation‚ whereby one party becomes bound to another to pay a sum of money‚ or to do or omit to do a certain act; or‚ a contract is an act which contains a perfect obligation. In its more confined sense‚ it is an agreement between two or more persons‚ concerning something to be‚ done‚ whereby both parties are hound to each other‚ or one is bound to the other. After learning the law of
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JOHN D.R. LEONARD‚ Plaintiff-Appellant‚ - v. - PEPSICO‚ INC.‚ Defendant-Appellee. Docket No. 99-9032 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT 210 F.3d 88; 2000 U.S. App. LEXIS 6855; 41 U.C.C. Rep. Serv. 2d (Callaghan) 779 March 21‚ 2000‚ Argued April 17‚ 2000‚ Decided PRIOR HISTORY: [**1] Appeal from a grant of summary judgment for Defendant in the Southern District of New York (Wood‚ J.) in an action seeking specific performance of an alleged offer of a Harrier Jet
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