The first element that must be looked into in order to advice the legal positions of Celia and her potential buyers is the character of the advertisement. It has to be distinguished between an advertisement which 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
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Understanding the concept of contract is the important thing in answering this question.” A contract may be defined as an agreement between two or more parties that is intended to be legally binding”. This answer will highlight the main points to see the differences between an offer and an invitation to treat.” An offer may be defined as a statement of willingness to contract on specified terms made with the intention that‚ if accepted there will arise a binding contract”. On the other side‚ invitation
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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
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whether there is binding contract between the two parties‚ Baldcure Ltd. and Gary Knudenut‚ and consequently whether Gary can sue under that contract. Rule A contract is a legally enforceable agreement between two or more parties. To be valid‚ a contract must comprise of the following elements: - agreement (offer + acceptance) - intention - consideration - capacity to contract - consent - legality In order to establish whether there is a binding contract between Gary
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Offer and Acceptance Offer and acceptance are elements required for the formation of a legally binding contract‚ the expression of an offer to contract on certain terms by one person (the "offeror") to another person (the "offeree")‚ and an indication by the offeree of its acceptance of those terms. The other elements traditionally required for a legally binding contract are (i) consideration and (ii) an intention to create legal relations. Offer and acceptance analysis is a traditional approach
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Research essay Forming a contract there must be six essential elements which are acceptance‚ consideration‚ intention to be legally binding‚ capacity of the contract and finally legality of the promises.1To archive an agreement between the offeror and offeree there is a formula whereby offer+ acceptance=agreement.2An offer has to be created firstly. An offer means the indication by one person to another of his willingness to enter a contract with the other person on curtain terms.3An offer can
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Acceptance An acceptance is “a manifestation of assent to the terms [of the offer] made by the offeree in the manner invited or required by the offer.” In determining if an offeree accepted an offer and created a contract‚ a court will look for evidence of three factors: (1) the offeree intended to enter the contract‚ (2) the offeree accepted on the terms proposed by the offeror‚ and (3) the offeree communicated his acceptance to the offeror. Common Law: Traditional “Mirror Image” Rule
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Offer and acceptance is one the main 7 essentials to create a legally binding contract since a contract is based on agreement. It is also an essential for a court to arbitrate problems. An offer is a manifestation (orally‚ in writing‚ or by conduct) of willingness to enter into bargain‚ which justifies another person’s understanding of assent to that bargain is invited and will conclude the transaction. An Offeror is the party who makes the offer. An offeree is the party who receives the offer and
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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
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much about contract law. Actually‚ we are signing contracts everyday. For example: Buying candies in a shop. There are two types of contract (written and verbal agreement). A contract is made by orally‚ by conduct and in writing. It also consists of an agreement‚ consideration and legally binding. There are eight elements of contract law‚ namely offer‚ acceptance‚ consideration‚ capacity‚ legal relations‚ legality and agreement. In this essay‚ I am going discuss the offer and acceptance particularly
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