"Case Example Of Postal Rule Under Law Of Contract" Essays and Research Papers

  • Case Example Of Postal Rule Under Law Of Contract

    THE POSTAL ACCEPTANCE RULE DANE GARBETT* CONTENTS I | Introduction | 1 | II | What Is The Postal Rule | 2 | III | Justification of the Postal Rule | 2 | IV | Application of the Postal Rule | 4 | V | Conclusion | 6 | VI | Bibliography | 7 | I Introduction The decision of distance contracts has been one of the major issues that arise within contract law. In which questions had risen in regards to the application of the postal rule and whether it should continue. A strong debate...

    Case law, Commercial law, Common law 2053  Words | 7  Pages

  • Today's Postal Rule Application

    negotiating at a distance by post, telephone, telegram, telex, fax or messenger the principle obviously has important applications. (Dudgale, 1992) However in the case of postal acceptance, perhaps numerically the most common case, the rule is subject to an exception (Dudgale, 1992). It was decided in Adams v Lindsell (1818) that a postal acceptance was effective as soon as it was posted even if the letter is delayed, destroyed or lost in the post and it never reaches the offeror. On 2nd September...

    Common law, Communication, Contract 1419  Words | 4  Pages

  • Contract Law

    PART I. Introduction England's contract law is consisted of several laws and they can not be written or at least explained in a student's assignment, which is consisted of 1000 words. Despite that I will try to outline the main points of the contact law and explain briefly what each means. On the second point I will explain the little difference between the English contact law with the equivalent contract law of my home country which is Cyprus. I wrote "little differences " because, Cyprus is following...

    Common law, Consideration, Contract 1329  Words | 5  Pages

  • Contract Law Case Study

    introduced in this case. Mr. Good put up an article on The Best Daily saying that he would share half of the advertising cost for anyone who places an advertisement in Best Daily with the intention of ‘initiating major legal response to raise climate change consciousness of the people of Hong Kong'. Our client, Mr. Concern who responded to Mr. Good’s offer, placed advertisements in 15 newspapers expressing ‘support for social reform for the protection of environment’. This case arises when Mr. Concern...

    Consideration, Contract, Contract law 1546  Words | 5  Pages

  • Postal Rule

    To form a contract, it usually requires offer and acceptance. Acceptance is an expression by words or conduct of assent to the terms of the offer. It shall be clear, unequivocal and unconditional as prescribed by the offeror. It is a moment when contract exist (that there is consensus ad idem). The general rule of acceptance is been stated in the case of Entores Ltd v Miles Far East Corporation, Lord Denning claims that an acceptance does not usually valid until it is reached to the knowledge of...

    21st century, Contract, Courier 1400  Words | 5  Pages

  • Contract Law

    of offer, acceptance, and consideration will not guarantee a legally enforceable contract”. Discuss. A contract is an agreement which normally consists of an 'offer' and an 'acceptance' and involves the 'meeting of the minds' or consensus between two or more parties with the intention to create a legally enforceable binding contract. Therefore in this essay, the four core elements needed for the formation of a contract such as offer, acceptance, and consideration and intention to create legal relations...

    Common law, Contract, Contract law 2561  Words | 7  Pages

  • Contract Law

    Introduction A contract is formed when one of the parties has to accept an offer made by the other. Here, David places an advertisement in the local newspaper of a reward, £1000 for the safe return of each of his six cats. This shows he is making an offer to all the readers of the Daily Bungle. An offer is defined as follows: “An offer is a statement of the terms upon which the offeror is prepared to be bound if acceptance is communicated while the offer remains alive1.” The critical aspect of...

    Breach of contract, Consideration, Contract 2339  Words | 11  Pages

  • Contract Law

    requirements for a valid contract. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law. www.wikipedi.org A contract is a binding agreement between two or more people stating to do something or refrain from doing something. Not all agreements are classified as contracts. A contract is known as an acceptance or offer enforced by law between two or more people. When creating a contract all people or parties...

    Breach of contract, Common law, Consumer Protection 1665  Words | 6  Pages

  • Sam Saqib Law Coursework 2

    Law Coursework In this essay I will discuss mainly two things; formation of a contract between two parties, the offer and the acceptance. I will report on their relevance for each of the 3 parties involved, finally I 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...

    Carlill v Carbolic Smoke Ball Company, Contract, Contract law 1287  Words | 4  Pages

  • Mailbox Rule

    Mailbox Rule Discussing Development & Application of Mailbox Rule I. Introduction In the Common Law system, “the Mailbox Rule is an alternate term for the Postal Rule; when mailed, an acceptance of an offer to contract is valid from the moment it is deposited into a mailbox; on dispatch.” The Mailbox rule is an exception to the general rule that a contract is created when acceptance is directly communicated to the offeror...

    Common law, Contract, Contract law 1898  Words | 5  Pages

  • Contract Law Case Study

    first we need to identify if there is a legal binding contract, a contract is a agreement which the law will enforce, a contract is a part of common law, common law is also called custom law, it is made by the judge to protect the community against the crimes, when an issue goes to court and there is no statue law that covers it, a judge will hear the case and issue a verdict. the record of this verdict becomes a precedent so that when similar cases arise, other judges may take into account the penalty...

    Breach of contract, Common law, Contract 1462  Words | 5  Pages

  • Discuss the issues of contract law that arise

    the issues of contract law that arise. 1. The main legal issue in the case is whether the contract has been formed and Daphne is subjected to contract and obligated to pay £200 to Sonya for the TV. The law of contract regarding offer acceptance states that in order to form a contract, the acceptance must be unconditional (Black 2011) . Counter-offer is a response to an offer which, while not expressly rejecting the offer, seeks to qualify it by deleting some of the terms. The example of counter-offer...

    Breach of contract, Contract, Contract law 1398  Words | 4  Pages

  • Contracts Essay

    The purpose of the law of contract is to ensure that where an agreement has been made between parties, any and all obligations are met. In the event it cannot be found an agreement was reached, no contract can be argued . In order for there to be an agreement, and therefore an enforceable contract between James (“J”) and Humphrey (“H”) the following elements must be met: (i) Offer In order for there to be an enforceable contract at law, there first must be a valid offer. As discussed in...

    Common law, Consideration, Contract 1785  Words | 7  Pages

  • Postal Rule

    The rule was established by Anthony in the 19th century cases, starting with Adams v Lindsell (1818) B & Ald 681, which was later confirmed in Dunlop v Higgins (1848) 1 HL Cas 381, Household Fire Insurance Company v Grant (1879) 4 Ex D 216 and Henthorn v Fraser [1892] 2 Ch 27. The posting rule applies only to acceptance. Other contractual letters (such as one revoking the offer) do not take effect until the letter is delivered, as in Stevenson, Jacques & Co v McLean (1880) 5 QBD 346. The implication...

    Communication, Contract, Henthorn v Fraser 927  Words | 3  Pages

  • Contract Law

    Contract is an agreement between two or more competent parties in which an offer is made and accepted, and each party benefits. No contract can come into being unless the following features exist: an actual offer, an acceptance, consideration (this means that each party will contribute something of a material value to the bargain) and an intention to create legal relations. The agreement can be formal, informal, written, or just plain understood. (a) For a contract to exist the offer must be...

    Common law, Contract, Contract law 1675  Words | 5  Pages

  • Contract Law

    In Business, contracts can be considered as the heart of dealings and have to be taken with utter most consideration of the acceptance, however in order to understand in depth a binding agreement, we must first discuss, what determines a contract or binding agreement. These can be defined as “an agreement which the law will enforce” as well as a “promise or set of promises which the court will enforce”. To facilitate a binding agreement, an acceptance must occur and must be absolutely unconditional...

    Common law, Contract, Contractual term 1349  Words | 4  Pages

  • Freedom of contract in English Contract law

    Nizhny Novgorod Branch Law faculty The Department of Constitutional and Administrative Law Essay Topic: Freedom of contract in English Contract law Written by 10 Ю-3 group student Buzhak A.S. Under supervision of Popova T. P. PhD, docent Nizhniy Novgorod, 2013 Contract law is designed to protect not only the contractor, but also the consumer.   Freedom to contract is the freedom of individuals and corporations to form contracts without government restrictions...

    Common law, Consumer Protection, Contract 1517  Words | 5  Pages

  • Offer and Acceptance - Contract Law

    constitutes an offer or an invitation to treat. An advertisement may be considered an offer if it is clear, precise, definite and leaves nothing open for negotiation. This was established by Leftkowitz v Great Minneapolis Surplus Store involving a case of the sale of two mink scarves and a stole. The phrase “ £10,000 for the lot, no offers” could be an element of an offer, indicating that price is not negotiable. It can also be interpreted in such that the bags are sold in a lot therefore, a customer...

    Breach of contract, Carlill v Carbolic Smoke Ball Company, Contract 1019  Words | 3  Pages

  • Rule of Law

    The idea of the rule of law can be traced back to at least the time of Aristotle who observed that given the choice between a king who ruled by discretion and a king who ruled by law, the later was clearly superior to the former. In more recent times, it is Albert V. Dicey who is credited with providing the logical foundation upon which the modern notion of the rule of law is based. Dicey did not invent the idea of the rule of law but he popularized it in the late nineteenth century. His book, Introduction...

    Administrative law, Common law, Constitution 2546  Words | 7  Pages

  • Contract Law Problem

    Contract Law – Formative Assessment Alex would be suing Betty for a breach of contract. He would only succeed if he’s able to prove that a contract was in place. A contract can be defined as “a written or spoken agreement that is intended to be enforceable by law.” In order for it to be formed, agreement must take place and it can be broken down into two elements. Firstly, an offer. This can be described as an expression of willingness to contract on clear terms, with the intention that it will...

    Breach of contract, Contract, Contract law 980  Words | 3  Pages

  • The Law Of Contract Law Essay

    unless the company has given the director permission to do so British Racing Drivers' Club Ltd v Hextall Erskine [1996] 3 All ER 667. Thirdly and most encompassing, the director must act in the interests of the company. The occasions at which these examples occur are often difficult to qualify, however, as whether a director act in the interests of the company or not may not be so clear cut and could rather be a matter of perception. FET increasing their remuneration to eradicate any dividends being...

    Common law, Consumer Protection, Contract 1977  Words | 6  Pages

  • Freedom of Contract in English Law

    an era where the exercise of law of freedom were extremely restricted. In today’s English law, freedom of contract is one the foundation of contract law. The existence of freedom of contract requires three main considerations: the freedom to contract or not to contract, the freedom to choose with whom to contract, and the freedom to decide the terms of the contract. Thus parties are totally free to engage or not to engage in agreements. However, freedom of contract can fail to have the desired...

    Breach of contract, Common law, Consumer Protection 2235  Words | 6  Pages

  • Binding Agreements in Business Law

    Business Law “To create a binding agreement the acceptance must occur, and that ‘acceptance’ must be final and absolutely unconditional. This is clear under Australian Contract Law.” As a legacy of being a British colony, Australian Law has been very much guided by legislation and case law from England for over two centuries. Even though a number of Acts were passed in the British Parliament gradually enabling the Australian States, and from 1901 the Commonwealth, to enact their own legislation...

    Common law, Consumer Protection, Contract 2444  Words | 10  Pages

  • Business Law 100 Assignment

     Part A: Media Report Analysis A) Identify aspects of the media that relate to the law. (2 Marks) The article reports on Lance Armstrong who is famous cyclist that use performances-enhancing drugs to bring his career to a successful. Criminal law US Anti-Doping Agency was published a report saying that he is a liar, it is because US Anti-Doping Agency found evidence saying that he is using performance-enhancing drugs during his tournament of cyclist . But, he keeps defending himself from using performance-enhancing...

    Common law, Contract, Drugs in sport 1334  Words | 5  Pages

  • My favourite contract law case

     Carlill v. The Carbolic Smoke Ball Company. The case of Carlill v. The Carbolic Smoke Ball Company, centred around an advertisement which was placed in the Pall Mall Gazette on November 13, 1891. The advertisement was entered by The Carbolic Smoke Ball Company and was promoting a “medical preparation”1 which the company had developed, called the Carbolic Smoke Ball. The advertisement clamed that “During the last epidemic of influenza many thousand carbolic smoke balls were sold as preventatives...

    Carlill v Carbolic Smoke Ball Company, Contract, Contract law 2673  Words | 7  Pages

  • Contract Law

    Contract A contract is a promise between two or more persons involving the exchange of some good or service. Some of the basic elements of a contract include: an offer and an acceptance; "capacity," or being of legal age and sound competence; "mutual assent," or agreement on the terms of a contract; and "consideration," or compensation for goods or services rendered. The element that distinguishes a contract from an informal agreements is that it is legally binding:the law provides...

    Arbitration, Civil law, Codification 935  Words | 3  Pages

  • Termination of a Contract - Law

    Part A A contract may be discharged or brought to an end at any time after formation and there are several ways in which this can happen. One party may avoid a contract – for example, for unconscionable conduct by the other; one party may terminate the contract before performance is complete – for example, for breach; or the contract may be performed to the satisfaction of the parties. The contract of sale that takes place at a supermarket checkout is for all purposes completed at the time...

    Anticipatory repudiation, Breach of contract, Contract 942  Words | 4  Pages

  • Contract Law- Terms of a Contract

    LAW 203 – LAW OF CONRACT 1 ASSIGNMENT 2 STUDENT ID: S120343 LECTURER/TUTOR: MR HUMPHREY MARAU NUMBER OF WORDS: 2284 Contract law is a body of law that governs oral and written agreements associated with exchange of goods and services, money, and properties. Not only does contract law set out the rules and guidelines of how to form a contract but also teaches us how the parties to a contract are to fulfil it and what may happen when the terms of a contract are not fulfilled. The background...

    Common law, Contract, Contract law 2508  Words | 7  Pages

  • Case of Cif Law

    Commercial and International trade law 1. Introduction Carter plc. agreed to carry Scrutton plc.’s goods on board Carter’s ship from Portsmouth to Santander in Spain. And then sold it to Todd, but in the voyage, there are accidents, the goods were lost and damaged. The problems arose in this case involve international maritime transport and sales of goods, while Carter.plc,(the carrier) Scrtton.plc(the shipper) and Todd(the buyer) are companies in British or Spain, and each country is the...

    Bill of lading, Commercial item transport and distribution, Damage 1782  Words | 6  Pages

  • Unilateral contract

    common law, a contract is a legally binding agreement between two or more parties that sets an exchange of promises of what each party will or will not do".(Elliott,2011,p.13) The contract can be unilateral and bilateral. if the oferee can accept simply by promising to perform, the contract is bilateral. Bilateral contract is a "promise for a promise", and in order to be formed, is not need for consideration to be made at the time when the promises are exchanged . In a unilateral contract,one party...

    Auction, Contract, Contract law 1357  Words | 4  Pages

  • Law 110

    her leg), is Bob liable for Mary’s injury according to Torts? Can Sam sue Tom because he was stuck in traffic for the accident? Law When a party caused physical injury to some as long as the harm was foreseeable, a defendant is liable for all types harm suffered by a plaintiff, including those that were not foreseeable. This is known as the ‘Egg-shell skull’ rules. In Donoghue v Stevenson [1932] UKHL 100. In which the Donoghue drank ginger beer and found snail in the bottle and caused her stomach...

    Common law, Contract, Contract law 1450  Words | 5  Pages

  • Business Law Case Study

    Case Summary: -Bob owns a Jewelry store -Sam operates electronic security equipment store -Bob and Sam are friends -Monday, Bob held a casual conversation with Sam about fitting his store with "closed circuit television and the best available electronic locks" -Tuesday, Sam sent Bob a Quotation of price "Lists of models and List of price" -Wednesday, Bob Replied BY POST. "Choice of Supreme Model for camera" -Posted to old address, Sam received on Saturday and emailed on the same day "...

    Contract, Contract law, Contractual term 1421  Words | 5  Pages

  • Law on Contracts

    OUTLINE OF LECTURE IN LAW ON CONTRACTS (Defective Contracts) 1. Defective contracts a. Rescissible contract – valid until rescinded; b. Voidable contract – valid until annulled; c. Unenforceable contract – cannot be sued upon or enforced unless ratified; d. Void contract – no effect at all, cannot be ratified or validated 2. Rescission Rescission is the remedy granted by law to the contracting parties and sometimes even to third persons in order to recover indemnity...

    Contract, Contract law, Law 997  Words | 5  Pages

  • rule of law

    years of age, of whatever class or wealth, was eligible to serve (for pay) on juries that decided legal cases. To insure accountability, magistrates presiding over cases could be charged with violations of the law by complaints from private citizens. Equality before the law was an important value in their system. Then philosopher Aristotle wrote “Now, absolute monarchy, or the arbitrary rule of a sovereign over all citizens, in a city which consists of equals, is thought by some to be quite contrary...

    Administrative law, Constitution, Democracy 2693  Words | 7  Pages

  • Contract Law

    Different approach taken by the Court of Appeal in Williams v Roffey was it fair or not? It is commonly accepted within the English Contract Law that the models of contractual fairness must exist in contractual disputes. Essential to these models is the doctrine of consideration and the principles that comes under the doctrine of consideration such as laws derived from both Williams v Roffey (1990) and Stilk v Myrick (1809). Starting with the development of the doctrine of consideration and...

    Breach of contract, Consideration, Consumer Protection 2568  Words | 6  Pages

  • Law, Understanding Contracts

     Understanding Contracts Sultan Shabazz September 29, 2013 International Legal and Ethical Issues in Business, Sunday, 10:00 p.m. American InterContinental University Professor Jarrod Burch Certification of Authorship: I certify that I am the author of this paper and that any assistance received in its preparation is fully acknowledged and disclosed in this paper. I have also cited any sources from which I used data, ideas, words, either quoted directly or...

    Consideration, Contract, Contract law 901  Words | 3  Pages

  • Contract Law Problem Question

    to tender or an invitation to treat. According to Harvela Investments Ltd v. Royal Trust Co of Canada (CI) Ltd (1986), the usual analysis is that ‘an invitation to tender for a particular project is simply an invitation to treat.' However, in the case of Harvela Investments Ltd, the invitation to tender is treated as an offer implicating legal obligations. I believe that Jack was making an invitation to treat rather than an invitation to tender, constituting an offer, for several reasons; firstly...

    Common law, Contract, Contract law 1643  Words | 5  Pages

  • Common Law: Postal Rule

    Outcome-4………………………………………………………………….8 Bibliography………………………………………………………………...10 Outcome 1: Before describing Bill and James legal position according to their activities, the formation of a contract has given below in Figure 1: [pic] By the formation of contract, the legal position of Bill and James has been analysed as following: Invitation to Treat: When Bill said to James, “I may be prepared to buy ten televisions from you for £2000”. Then...

    Contract, Contract law, Invitation to treat 2685  Words | 10  Pages

  • Business Law

    report that relate to the law This article reports about the case filed by Anastassia Zissis suing McDonald’s after the slip on at the back of the Myer Centre. Anastassia Zissis injured due to slip on liquid that been spilled in an access passage. These gave rise to different areas of law such as: Contract Law According to Lambiris (2012), the Contract Law is the law about private agreement that give rise to enforceable responsibilities and rights legally. In this case there are many aspects...

    Common law, Contract, Contract law 982  Words | 3  Pages

  • Law of Contract

    contract but do not appear to be a relevant issue here. While it is possible for offers to be "made to the world”1, K's advertisement is an "invitation to treat"2. It cannot be construed as an offer as it shows no intention on K's part to be bound to its terms, in contrast to the wording of the advertisement in Carlill v Carbolic Smoke Ba// Co3. Thus A's letter to K dated 21 April is the first possibility of an offer. However the terms of this letter are too vague to be construed as an offer...

    Contract, Contract law, Contractual term 1651  Words | 5  Pages

  • Contract Law

    By the case of Hughes v Metropolitan Railway Co the doctrine of Promissory Estoppel was establish and the derivation of modern doctrine of it is to be found in the The doctrine of Promissory Estoppel was first developed but was lost for some time until it was resurrected by Lord Denning in the leading case of Central London Property Trust Ltd v High Trees House Ltd. Promissory estoppel There are three exceptions to the rule in Pinnel's case. They are composite agreement, payment of debt...

    Common law, Contract, Contract law 1487  Words | 5  Pages

  • Answer to Contract Law Chapter12

    CONSIDERATION A. Legal Sufficiency 1. Adequacy 2. Unilateral Contracts 3. Bilateral Contracts 4. Illusory Promises a. Output and Requirement Contracts b. Exclusive Dealing Contracts c. Conditional Promises 5. Pre-existing Obligation a. Modification of a Pre-existing Contract b. Substituted Contracts c. Settlement of a Undisputed Debt d. Settlement of an Disputed Debt B. Bargained-For-Exchange 1. Past Consideration 2. Third Parties C. Contracts without Consideration 1. Promises to Perform Prior Unenforceable...

    Common law, Consideration, Contract 1728  Words | 7  Pages

  • Rule of Law

    Basmah Elahi Rule of Law London International Programs, UG Law, Public Law Essay 2. The Rule of Law, enforced by the courts, is the ultimate controlling factor on which our constitution is based. Discuss. The rule of law is one of the fundamental principles of UK’s unwritten or uncodified constitution .The key idea of the rule of law is that the law should apply equally to all, rulers and ruled alike. This in the words of the 19-century constitution expert...

    Common law, Constitution, Human rights 1400  Words | 4  Pages

  • The Law of Contract - Voidable Contract – Coercion

    The Law of Contract Voidable Contract – Coercion The word “contract” can be defined as a voluntary, deliberate, and legally binding agreement between two or more competent parties. Contracts are usually written but may be spoken or implied, and generally have to do with employment, sale or lease, or tenancy. A contractual relationship is evidenced by an offer, acceptance of the offer, intention to create legal relations, consideration, certainty and capacity. However, while all parties may expect...

    Breach of contract, Contract, Contract law 1036  Words | 4  Pages

  • Rules of Law

    BUSINESS LAW The Rule of Law ------------------------------------------------- DATE OF SUBMISSION: ------------------------------------------------- 18TH DECEMBER 2010 Letter of Transmittal 18th December, 2010 To Prof. Course: Business Law Course Code: Bus 507 Ref: Letter of Transmittal Dear Sir, In the following pages, we have presented the rules of law. Which you had been authorized us to prepare and submit by 18th December, 2010 as Business Law course...

    Civil law, Common law, Government 2077  Words | 7  Pages

  • Postal Rule

    out a message and even a contract. The purpose of this research essay is to explain the detail of postal rule. The brief definition of postal rule is a rule of contract law that makes an exception to the general rule that an acceptance is only created when communicated directly to the offeror (Duhaime.org n.d). The postal rule was established in the case of Adams v Lindsell . This essay also will show weather the postal rule should or should not be continue, and the rules and method to determine the...

    Breach of contract, Common law, Communication 3205  Words | 10  Pages

  • Admin Law Rule Of Law

    ADMINISTRATIVE LAW ASSIGNMENT – I RULE OF LAW IN INDIA ARUSHI LOHIA R.NO – 013 DIVISION – A E-MAIL – Arushi.lohia@symlaw.ac.in Rule of Law Aristotle said two thousand years ago, “The rule of law is better than that of any individuals”. The rule of law is a system of rules and rights that enables fair functioning of the societies. The World Justice Project, an initiative of the United Nations defines this system as one in which the following four principles are upheld1: 1. The Government and...

    Administrative law, Common law, Court 1612  Words | 6  Pages

  • Common Law Rules

    A breach of a contract is a failure to perform it. True A court may depart from a precedent if the precedent is no longer valid. TRUE A decision on a given issue by a court is not binding on an inferior court. False A defendant is a person against whom a lawsuit is brought. TRUE A federal statute regulates an employment practice. To resolve a dispute concerning the practice, Paula, a judge, will most likely apply the statute. A state constitution is supreme within the state's borders...

    Administrative law, Case law, Common law 1609  Words | 6  Pages

  • Business Law: Analysis of Contract Case Study

    AB107 Business Law Written Assignment Advise whether the terms of the Licence Agreement apply and whether the Exclusion of Liability clause is valid and effective in protecting UcanB007 from liabilities. [pic] The foremost issue pertaining to this case is that of whether the terms of the License Agreement are part of the contract between Ah Siong and UcanB007, and hence the enforceability of the terms should Ah Siong decide to sue UcanB007 in contract for his losses. Due to the nature...

    Breach of contract, Contract, Contract law 2053  Words | 7  Pages

  • Contract Acts Example

    the revocation of offer by post is effective as against Captain Hook. Section 2(h) of the Contracts Act 1950 defines contract as an agreement enforceable by law. In order for an agreement to be enforceable by law, it must consist of six essential elements which are offer, acceptance, consideration, intention to create legal relation, capacity and certainty. Offer is defined in Section 2(a) of the Contracts Act as something which is capable of being converted into an agreement by its acceptance....

    Captain Hook, Contract, Hook 1117  Words | 3  Pages

  • Business Law and Ethics, Offer and Acceptance for a Contract

    Business Law and Ethics Assignment 14/03/2013 Module : 26313 Module leader : Phil Robinson Words count : 1088 In order to advise Neil, it is necessary to consider the law of the contracts, especially about offer and acceptance. We will analyze the situation to see what laws are applicable and advise Neil. In this case, we have three different people: Firstly an offeror, a person who makes an offer (in this case, Neil) and two offerees, the person to whom an offer is made (in this case, Theresa...

    Cat, Contract, Contract law 1117  Words | 3  Pages

  • Business Law Cases Solved

    Chapter 1 Introduction to International and Comparative Law Case 1-1. IGNACIO SEQUIHUA V. TEXACO INC. ET AL. United States District Court for the Southern District of Texas, 1994. FACTS: Plaintiffs, Ecuador residents, filed suit in Texas over alleged environmental damage in Ecuador. Plaintiffs pray for money damages, an injunction to clean up, and a court-administered trust fund. Defendants bring motions to dismiss. ISSUE: Should the court decline to exercise jurisdiction based on...

    Common law, Federal government of the United States, Law 1910  Words | 7  Pages

  • Rule of Law

    RULE OF LAW In course of Twentieth century, the emergences of democratic legislations and state welfare laws have lowered the effect of natural law and common law. These laws are bit liberal and sometimes puts limitations on the rule of Law in the name of nation’s Interest. This principle of ‘Rule of Law’ has been a matter of discussion and analysis since a long time in the realm of Jurisprudence and Legal theory. But, very less interest has been shown towards the exact definition of ‘Rule of Law’...

    Common law, Jurisprudence, Justice 2436  Words | 6  Pages

  • Contract Law

    “The parties to an executory contract are often faced, in the course of carrying it out, with a turn of events which they did not at all anticipate – a wholly abnormal rise or fall in prices, a sudden depreciation of currency, an unexpected obstacle to the execution, or the like. Yet this does not in itself affect the bargain which they have made…” (per Lord Simon in British Movietonews Ltd. v. London and District Cinemas [1952] A.C. 166 at 185). Discuss this dictum and explain the respects in...

    Consumer Protection, Contract, Contract law 2451  Words | 7  Pages

  • business law case study

     This essay will discuss the Case study by firstly identifying four elements of contract, then justifying duties of Mr. Martin with applying the principles of pre-existing contractual duties. Finally a discussion about part payment of debt and promissory estoppel will be explained. Likewise, this essay will evaluate the knowledge of common law and agency relationship. QUESTION 1 a) Four essential elements of a contract should be Offer, Acceptance, Intention to create legal relations and Consideration...

    Case law, Common law, Contract 1665  Words | 4  Pages

  • RULES OF LAW

     Rule of Law Professor Lisa Riggleman Society, Law and Government July 7, 2013 Rules of Law “The rule of law is a system in which the following four universal principles are upheld:” 1. The government and its officials and agents as well as individuals and private entities are accountable under the law. 2. The laws are clear, publicized, and stable and just, are applied evenly, and protect fundamental rights, including the security of person and property...

    Civil and political rights, Civil Rights Act of 1968, Common law 795  Words | 3  Pages

  • Contract Law

    Contract Law BUSN150-1205A-03 Legal and Ethical Environment of Business An express contract is created with words either written or spoken. This also implies that all of the parties involved are aware and agree that a contract is being entered into. An example of an express contract would be one person offering to sell an item they own to another party for a set price, the other party agrees verbally and they shake hands on the deal. This is an express contract and is enforceable by...

    Consideration, Contract, Contract law 938  Words | 3  Pages

  • Law, Tort Law, Criminal Law, Contracts, and Civil Procedure

    Law, Tort Law, Criminal Law, Contracts, and Civil Procedure Linda Baker Strayer University Professor Sandra Levengood HSA 405 February 29, 2013 Introduction The development of health care law goes hand in hand with the development of the health care industry itself. As the industry grew and expanded so did the need for...

    Common law, Contract, Duty of care 1717  Words | 5  Pages

  • Law on Obligation and Contracts

    The law of obligations is one of the component private law elements of the civil system of law. It includes contract law, delict law,quasi-contract law, and quasi-delict law. The law of obligations seeks to organize and regulate the voluntary and semi-voluntary legal relations available between moral and natural persons with respect to obligations under contracts, both innominate and nominate (for example: sales, gift, lease, carriage, mandate, association,deposit, loan, employment, insurance, gambling and arbitration) ...

    Business, Civil law, Common law 1223  Words | 4  Pages

  • Contract law - misrepresentation

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