Carbolic Smoke Ball Co. (1893). It was stated by the Carbolic Smoke Ball company in advertisements in the Pall Mall Gazette and other newspapers in 1891 that a £100 reward would be paid by the Carbolic Smoke Ball Company to any person who contracts Influenza‚ Colds or any other disease caused by taking cold‚ after having used the smoke ball three times each day for a period of two weeks according to the printed directions that were supplied with each smoke ball. Carbolic Smoke Ball Company
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In addition‚ pertaining to Partridge v Crittenden case‚ Clare had an intention to keep the offer open for acceptance until 10 am the next day. Furthermore‚ learning from the Carlill v Carbolic Smoke Ball Co.‚ the offer has been made by Clare specifically to Michael to sell him the mirror for $250. According to Brinkibon v Sthalwharenhandelsgesellschaft‚ Clare has accepted Michael’s offer to buy the mirror when Michael left a message on the answering
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Introduction Law is a system of rules and guidelines which are enforced through social institutions to govern behavior‚ wherever possible. The law of contracts differs from other branches of law in a very important respect. It does not lay down so many precise rights and duties which the law will protect and enforce. Instead‚ the law of contract is a division of law which contains rather a number of limiting principles‚ subject to which the parties may create rights and duties for themselves‚ and
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1. Introduction – What is a Contract? 1.1 Definitions Not all agreements will be contract enforceable in law - social arrangements‚ for example‚ or contracts which offend against public decency and public policy and those which involve criminal activity. ‘A contract is an agreement giving rise to obligations which are enforced or recognised by law. The factor which distinguishes contractual from other legal obligations is that they are based on the agreement of the contracting parties.’ Treitel
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may be made to a particular individual‚ to a group of people or to the whole world. If the offer is made to specific individual‚ only that person may accept it; if the offer is made to the world‚ it can be accepted by anyone‚ as in Carlill v Carbolic Smoke Ball Co [1893] 2 Q.B 49. • Advertisements are normally interpreted as invitations to treat‚ Granger and Sons v Gough (1896) AC 325. However they may
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1.0 Introduction Contract--This term‚ in its more extensive sense‚ includes every description of agreement‚ or obligation‚ whereby one party becomes bound to another to pay a sum of money‚ or to do or omit to do a certain act; or‚ a contract is an act which contains a perfect obligation. In its more confined sense‚ it is an agreement between two or more persons‚ concerning something to be‚ done‚ whereby both parties are hound to each other‚ or one is bound to the other. After learning the law of
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TABLE OF CONTENTS 1. Introduction ……………………………………………………………..2 2. Communication‚ acceptance and Revocation of Proposals……………...3 3. Communication when complete…………………………………………6 4. Acceptance must be absolute……………………………………………11 5. Acceptance by performing conditions‚ or receiving consideration……..13 6. Conclusion………………………………………………………………15 7. Bibliography…………………………………………………………….16 INTRODUCTION Indian Contract Act 1872 is the main source of law regulating contracts in Indian
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Part A: Media report analysis Question (a) 10 marks 1) Using the four-step process‚ discuss the elements of intention and consideration required for the formation of a contract. In particular‚ consider whether these elements have been met in order for there to be an enforceable contract between Kate and the travel agency. For a contract to exist parties to an agreement must intend to create legal relations. The existence of intention is ascertained objectively by having regard to the
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JOHN D.R. LEONARD‚ Plaintiff-Appellant‚ - v. - PEPSICO‚ INC.‚ Defendant-Appellee. Docket No. 99-9032 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT 210 F.3d 88; 2000 U.S. App. LEXIS 6855; 41 U.C.C. Rep. Serv. 2d (Callaghan) 779 March 21‚ 2000‚ Argued April 17‚ 2000‚ Decided PRIOR HISTORY: [**1] Appeal from a grant of summary judgment for Defendant in the Southern District of New York (Wood‚ J.) in an action seeking specific performance of an alleged offer of a Harrier Jet
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In the case of Carlill v Carbolic Smoke Ball Company (1893) The Carbolic Smoke Ball Company released an advertisement stating that a £100 reward would be paid to any person who contracted influenza‚ colds or any disease caused by taking cold‚ after having used the ball three times daily for two weeks according to the printed directions supplied with each ball. Despite the claims one of the companies customers Mrs Carlill caught the flu and sued the Carbolic Smoke Ball Company for the £100 they refused
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