The rule in Pinnel’s case expresses the requirement for consideration in simple contracts. Pinnel’s case applies this rule strictly‚ and states that changing the contract by doing something less than what you were originally required to do‚ cannot amount to new consideration. Generally‚ the rule works sensibly and fairly‚ but there are some situations when it does not. The purpose of this essay is discussing this statement‚ and explain the circumstances in which courts see it as unfair to apply this
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Part A (Q1) In the scenario described‚ the area of contract law applicable would be whether the offer and acceptance was put into a legally binding agreement. The offer of rewards given to the clerk from IRAS greatly depends on the usefulness of the information from the clerk to retrieve successfully the total amount of tax evaded by Evander. Firstly‚ to describe the contract‚ an offer is a definite intention by the offeror to enter into a legally binding agreement‚ be it a specific person
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Comlaw 201 Aropa Assignment. Question 1 Offer is an expression of willingness to enter into a legally binding contract on the terms proposed once the offer is accepted. This letter is an offer since the terms proposed are complete and it is communication to the offeree. The letter was definitely sent to Andrew by mistake since the company makes this offer only to their regular customers and to those who have signed long term supply contract. Andrew did not satisfy both these conditions. According
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Step 1 The legal issue is whether the participants have established offer and acceptance for a valid contract. Step 2 All parties involved in an agreement need to complete respective conditions completely in order to be able to bring the agreement to court as judges will only identify the terms for a sufficient agreement. Illusory promise is a promise which none of importance items have been acknowledged. Illusory promises cannot be imposed. In Placer Development Ltd v Commonwealth case‚ Placer
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Andy and Bill? • Invitation to offer in general • Acceptance in terms of offer • Meeting of minds 2.Andy vs. Ciara Significant issues which needs to be considered are as follows :- • Query for more information • Acceptance of the offer 3. Andy vs. Denis • Validity of the contract • Acceptance needs to be communicated. Rules and Application Andy vs. Bill 1) Invitation to offer in general – The argument here to be discuss is whether there is a valid offer and acceptance to satisfy the conditions of
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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 of this is that it is possible for a letter of acceptance to be posted after a letter of revocation of the offer has been posted but before it is delivered‚ and acceptance will be complete at the time that the letter of acceptance was posted—the offeror’s revocation would
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Part 1 THE FORMATION OF A CONTRACT There are five basic requirements that need to be satisfied in order to make a contract: ● An agreement between the parties (which is usually shown by the fact that one has made an offer and the other has accepted it). ● An intention to be legally bound by that agreement (often called intent to create legal relations). ● Certainty as to the terms of the agreement. ● Capacity to contract. ● Consideration provided by each of the
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BUSINESS LAW ESSAY PLAN ➢ Acceptance must be communicated to be effective. ➢ Where the parties contemplate acceptance by mail‚ acceptance will be complete as soon as the letter is properly posted. Postal rule definition ➢ Actual communication versus constructive communication ➢ Actual acceptance (real) versus constructive acceptance (postal rule) (Graw p.89) ➢ Contract is an agreement which the law enforces. ➢ Contract law is the basis of business law ➢ Two main sources:
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cannot be accepted as it is not an offer. (Gibson v Man city). If this is the case than there is no contract and L is not entitled to claim damages. However‚ because the content of L letter is not readily available‚ the facts presented suggest that it was an offer to purchase M van for £ 3500. 2. Following the decision in Day Morris associates v Voyce (2003)which emphasized that acceptance must be a mirror image of the offer. Therefore‚ a valid contract existed as offer and accepted was made (storer
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B promises to pay a sum of Rs. 500 to A ‚ there is said to be an agreement between A and B Thus every agreement‚ in its ultimate analysis‚ is the result of a proposal from one side and its acceptance by the other. A promise is a result of an offer (proposal) by one person and its acceptance by the other. For example‚ when A makes a proposal to sell his radio to B for Rs. 500 and B accepts this proposal‚ there results a promise between the two persons. Section 2(b) of the Act defines
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