For a Simple contract to be valid one party must make an offer and the other accept it (see: Acceptance of offer). The offer will usually indicate the form the acceptance should take (e.g.‚ in writing‚ by post)‚ and may indicate when the acceptance will be deemed to have occurred (e.g.‚ on delivery of the posted acceptance‚ see: Acceptance of offer by post). In seeking to prove that a contract was in existence‚ it will be necessary to show that there was a definite offer. Certain things look like
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Firstly it is evident that Yatie’s serious intention as she requested a written acceptance from Tina‚ as an objective aproach. If we look in to the case of Lucy v. Zehmer‚ 196 Va. 493; 84 S.E.2d 516 [1954]‚ the parties signed a document which was for the sale of land and it was binding. Similarly in this case the intention to create legal relations is evident from the Yaties request to Tina to send a written acceptance. Secondly it has clear terms (to supply handcrafts) of what they are going to
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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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In the given question the issue is whether there is a binding contract between Gerard and Reg. A contract can be defined as a voluntary assumption of obligation .In order to establish a contract there must be an offer followed by an acceptance. In order to see whether the parties have come to an agreement the court would look at the intention of the parties. Intention will be looked at objectively .In applying the objective test the courts consider whether the reasonable person in the other parties’
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Acceptance is Freedom Freedom is a word that we use so often‚ but what does it truly mean? Everyone has a different definition of what freedom is. Some believe that freedom is saying whatever you want without consequences or doing what you want without consequences‚ while others believe that freedom is about equality. However‚ author Ambrose Flack presents a new and refreshing viewpoint. In his short story‚ The Strangers That Came to Town‚ Ambrose Flack is showing that true freedom is about
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enforceable agreement‚ or a contract‚ can be broken down in to five elements; offer‚ acceptance‚ consideration‚ capacity to contract and intention to create legal relations. In this scenario there doesn’t appear to be an issue with capacity to contract and intention to create legal relations‚ so we can assume that they are both satisfied. The issues concerning this scenario are the concept of an offer‚ acceptance and consideration. When looking at the issues and assessing them‚ the objective view
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Bibliography: http://en.wikipedia.org/wiki/Offer_and_acceptance http://www.positivelyyoursinc.com/spiritually-inspiring/simple-spiritual-concepts/the-law-of-acceptance-and-divine-order/ Business Law‚ ( LAW 3235) ‚ prepared by Azza Isma Moideen‚ ( Manual for Internal Circulation Only)
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Contract Law- Offer and Acceptance Enforcement of promises Criteria: 1. Offer and corresponding Acceptance 2. Consideration 3. Intention to create legal relationship 4. Certainty I. Formative elements – will theory of K Offer - an expressionof willingness to contract upon certain terms – binding upon acceptance Requisites: (a) Offer will become binding upon acceptance; and [may be prepared to sell] (b) Nothing further remains to be done If no an offer‚ what
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Acceptance Sampling Acceptance sampling has traditionally been a partner of statistical process control and control charts in the area of statistical quality control. Products are shipped around in batches or lots‚ and the idea behind acceptance sampling is that a batch can be declared to be satisfactory or unsatisfactory on the basis of the number of defective items found within a random sample of items from the batch. Thus acceptance sampling provides a general check on the “quality” of the items
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FORMATION OF A CONTRACT OFFER AND ACCEPTANCE For a contract to be valid‚ firstly there must be an AGREEMENT between the parties i.e. one party must make an OFFER which is UNCONDITIONALLY ACCEPTED by the other. OFFER What is an offer ? An offer is a promise that the person making the offer (known as the offeror) is prepared to be legally bound upon specified terms – he is making a statement of the terms on which he is prepared to be legally bound‚ for example A
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