a memorandum addressing the following matters in detail‚ and including relevant case law to support your arguments: What are Buyer ’s potential claims against Seller? What are Seller ’s potential defences? Who is likely to prevail in the event this case goes to court? Assume Buyer prevails in his lawsuit against Seller. What damages is Buyer likely to receive from the court? SUMMARY AND RELEVANT FACTS In this case Buyer is plaintiff whereas Seller is defendant. October 1: Buyer saw courier
Premium Contract Breach of contract Law
The offer fails to exist when the conditions are not favoured‚ which will be listed in the following. Lapse of time An offer will lapse and invalid at the specified time stated in the offer‚ or for the offer has no time stipulated ‚at the end of a reasonable time which depends on the subject matter‚ means of communication and other circumstances. In Ramsgate v Montefiore(1866)‚Montefiore applied for shares in the hotel company. He had not received any news before he received a letter of acceptance
Premium Contract Offer and acceptance
QUESTIONS - Offer 1. What is an offer? 2. What is an invitation to treat? 3. List the factors that the court will take into account in distinguishing between an offer and an invitation to treat? 4. Name a case which is authority for the rule that a request for tenders is an invitation to treat. 5. What is the effect of the distinction between offer and invitation to treat? 6. Is possible to make an offer to the whole world? Self-test Questions – uNILATERAL OFFERS
Premium Offer and acceptance Contract Invitation to treat
Throughout the course of the year our brains have been filled with various literary works. We have read short stories and plays that have not been accustomed too. You know things from the 18th century or readings from the slave-like time periods. Besides all of that though‚ we have learned a great deal about Character‚ Quality‚ Values and Life in a broader more mature point of view. As reading the play “Antigone” we were exposed to the closed mindedness of Creon (Antigone’s Uncle; King
Premium Short story Fiction Oedipus
Do the courts always rigorously apply the established rules of offer and acceptance governing the formation of contracts? Put bluntly‚ no‚ the courts do not always rigorously apply the established rules of offer and acceptance governing the formation of contracts. Judgments by Lord Denning in Butler Machine Tool Co Ltd v Ex-Cell-O Corporation Ltd (1979) and Gibson v Manchester City Council (1979) have challenged this ‘mirror image’ approach. Nonetheless‚ these are very much exceptions to the general
Premium Contract Offer and acceptance
Four main justifications of Postal Acceptance Rule i. ‘Ad infinitum’ Justification Postal rule had existed almost for 200 years and the post had been creating problems for people which the courts are obliged to solve them logically. Why it had been creating so many problems for people and that we will be discussing later on. For now let’s look at the four main justifications for postal rule of acceptance. It came from Treitel and he believes that the four main justifications are for the creation
Premium Contract Breach of contract Contract law
idem in a legal relation. An offer is a necessary element that must present for a legally binding contract to be in place. An offer and an invitation to treat are two different aspects. An invitation to treat is defined as an action inviting other parties to make an offer to form a contract‚ whereas an offer is an expression made by offeror to offeree communicating the offeror’s willingness to perform a promise. The distinction is important because accepting an offer creates a binding contract
Premium Contract
The Effectiveness of Acceptances Communicated by Electronic Means‚ or — Does the Postal Acceptance Rule Apply to Email? Eliza Mik* The ‘traditional’ classification into ‘instantaneous’ and ‘non-instantaneous’ methods of communication must be abandoned. As all Internet transmissions are instantaneous‚ the choice between the principle of receipt and the postal exception must be based on other criteria. The focus must be shifted from communication devices to the characteristics of the communication
Premium Contract Offer and acceptance Communication
Consumer Dispute Redressal Forum‚ Ahmedabad (rural) and demanded Rs 5 lakh from the company towards compensation. During the hearing‚ the consumer forum sent the sample to the Ahmedabad Municipal Corporation’s laboratory for analysis. After hearing the case‚ the consumer forum asked the company to return the amount of Rs 8 back to Rajan. Besides‚ the forum also asked the company to pay Rs 4‚000 towards compensation for causing mental torture and towards litigation cost. Rajan was not happy with the
Premium United States Service of process Gujarat
Offers may be withdrawn at any time up until acceptance. Discuss the extent to which you agree with this statement and analyze the rules which determine the validity of withdrawal. There are two main issues to be dealt with in order to answer this question. Identify what is certified to be a valid offer and a valid acceptance. The second issue is knowing and analyzing the rules which determine the validity of withdrawal. First and foremost‚ to have a valid contract‚ there must be valid
Premium Contract Offer and acceptance