• E-Commerce Offer vs Invitation to Treat
    Q1) Consider the legal status of Web advert and whether it would amount to an offer in law; Q2) If so, consider whether the filling in of the" buy now" form amounted to an acceptance of the offer; Q3) Outline the consumer buyer's rights under the Distance Selling Regulations as they may apply to...
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  • Exam Notes
    subject definitions of key concepts brief outline of the key principles/rules of law relevant cases (include key facts, decision and reasoning) past exam questions on each topic possible answers to these questions prepared by you under exam conditions flowcharts make sure your notes...
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  • Common Law
    within that jurisdiction or in other jurisdictions, but it may be considered as persuasive authority. This question concerns various issues on contract law specifically offer, invitation to treat, acceptance, postal rule and so forth. I want to discuss the issues first, then I will apply the...
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  • Business - the Law of Contract
    to instantaneous communications for example telephone or telex. However, there is an exception to this rule when the post is used, known as the postal rule. In the case of Adams v Lindsell (1818) the postal rule emerged to be that acceptance is effective at the time the letter of acceptance is posted...
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  • cost
    Fabio can enforce a contract in this case as below I mention about their behavior in the case. On Friday 13th October, Graham and Fabio actually made an acceptance by registered letters. They both confirm that they would accept the offer with price of €28,000. “Postal rule indicates that a...
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  • Student
    what rights it gives each party against the other). So in our car example, the contract of sale is formed because both parties intend to enter into such a contract. I am placed under an obligation to give you the car and am given a right to the £100 from you in return. Conversely, you are placed...
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  • E-Mails – Instantaneous or Not
    [15] and, so, is of no help in such situations. It should be noted however that the postal rule is a default rule which ordinarily applies to non-instantaneous posted acceptances, but which can be varied by express contractual terms under the doctrine of freedom of contract. Due to the fact...
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  • Offer and Acceptance
    Offer and acceptance | Contract law | Part of the common law series | Contract formation | Offer and acceptance · Mailbox rule Mirror image rule · Invitation to treat Firm offer · Consideration | Defenses against formation | Lack of capacity Duress · Undue influence Illusory...
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  • Elements of the Law of Contarct
    extend the application of the postal acceptance rules. See Entores v Miles Far East Corp (1955) and Brinkibon Ltd v Stahag Stahl (1982). These cases are also important for the principles they establish with respect to instantaneous forms of communication. English contract law awaits a case...
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  • Law Case Study Wholesome Vegetables Ltd
    , the contract will be void. A court may object to an agreement either because of a rule of common law or because it is contrary to statute. In a nut shell, all the requirements stated above must be met for a contract to exist between Andrew and Ben. Question 2 In the case study given, Andrew’s...
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  • Business Law
    establish what kind of agreements the law recognises as a contract. (Riches & Allen, 2009) For a contract to be formed, the law has established certain rules for determining whether a contract has been formed or not. Firstly, there must be an offer. Spike originally made the offer in this case, to...
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  • l of contract 1
    offeror. The postal rule applies where there is a lag between dispatch of an acceptance and receipt of that acceptance by the offeror. That is, where acceptance is by letter or telegram. In such a case, acceptance is communicated when the offeree posts the letter or telegram. This is an exception...
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  • Acceptance by Electronic Means
    , above, n 20, p 1464. 49 K N Llewellyn, ‘Our Case-Law of Contract: Offer and Acceptance II’ (1939) 48 Yale LJ 779 at 792–8; but see D H Evans, ‘The Anglo-American Mailing Rule: Some Problems of Offer and Acceptance in Contracts by Correspondence’ (1966) 15 ICLQ 553 at 556–61, who cites 11 reasons for...
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  • Element of the Law of Contract
    preparation. In the study of contract law, it is essential to try to gain an understanding of the principles of law – what the law is trying to do in response to particular issues – rather than the rote memorisation of rules and cases. This means you may need to read passages or chapters in the...
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  • Formation of Contract
    'battle of the forms' 1.15 For our present purposes, the RFC discussed two rules of Scots law of particular interest. 27 The first is the postal acceptance rule, which had already been considered in the 1977 Memorandum on Formation of Contract. 28 It was held that the rule, under which a contract...
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  • Contract Law
    held that the defendant was not bound to purchase the goods. His bid amounted to an offer which he was entitled to withdraw at any time before the auctioneer signified acceptance by knocking down the hammer. Note: The 2 common law rule laid down in this case has now been codified in s57(2) Sale of...
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  • Commercial Law Issues
    postal rule also applies in cases of instantaneous communication such as telephone, telex and telefax. This is illustrated in the case of Entores Ltd v Miles Far East Corporation [1955] 2 QB 327 and Tenax Steamship Ltd v The Brimmes [1973] 1 AII ER 769. It is provided in section 6(c) of the Contract...
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  • Pika
    ) ----------------------- Tutorial questions 1. Define the term ‘acceptance’ with reference to the Malaysian Contracts Act 1950. 2. Explain THREE (3) elements of acceptance. 3. What is the rule regarding to instantaneous communications of offer and acceptance? Refer to the case of Entores v Miles Far East 4. Explain the postal rule as provided under the Malaysian Contracts Act 1950....
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  • Offer and Acceptance
    defendants sold the wool to someone else. It was held that a contract between the claimant and the defendant came into being on 5th September when the claimant posted the letter. So the defendants were in breach of contract by selling on the 8th September. The postal rule applies even if the...
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  • Tort Law
    3 was considered as breaching the contract. Secondly, if the offer which A sent to B on Juanuary 1 had not indicate clearly about the means of acceptance, the postal rule was not applied and the acceptance of B was effective when A received B’s letter (see case Holwell Securities v Hughes 1974...
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