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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An ‘invitation to treat’ refers to a term in contract law. Importantly‚ it is not the same as an ‘offer’ and it is crucial to distinguish between the two concepts. In order for a binding contract to be formed‚ there must be an ‘offer’ and an ‘acceptance’ of that offer. An invitation to treat is sometimes mistaken for an offer. There are many similarities between an invitation to treat and offer‚ so making the distinction can be difficult. If the validity of your contract turns on this distinction
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Conditional cash transfers (CCTs) refers to a form of funding by the government or other humanitarian agencies whereby the fund donated must be used to finance a predetermined undertaking (Fiszbein et al‚ 2009‚ pp. 31). In Conditional cash transfers‚ money has to be spent for the intended purpose and only those who have been approved to meet the predetermined requirements receive such cash. This means that the recipient of the cash has to be vetted thoroughly and their actions determined before getting
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Contract: Offer and Acceptance LAW 531 December 12‚ 2012 Offer and Acceptance Creating the contract is an extremely difficult process. A contract must have an offer and acceptance determine whether an agreement exists between two parties. An offer is a suggestion made by one person to another of his or her readiness to enter into an agreement under certain terms and conditions without further negotiations. The contract is accepted when the offer has been formally communicated to the offeror
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education of the children‚ and the outcomes of the adults’ workforce in the household. Also‚ this program was based on the pioneering conditional cash transfer program of Mexico named Oportunidades. In addition‚ the ONYC conditional cash transfer program greatly benefitted the lower- and middle-income countries. However‚ being the first comprehensive Conditional Cash Transfer Program in a developed country‚ the Family Rewards of the ONYC has been the main focus of other countries. The program is
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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
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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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In this essay‚ I am going to analyse the rules of offer and acceptance and then come to a conclusion as to how satisfactory I think each of them are and why. In its general sense‚ an offer is an indication or proposal by one person or party (offeror) to another (offeree). It consists of one party promising to do or give something for the other party’s promise to do or give something in return. There must be willingness to contract on certain terms‚ made with the intention that it shall become
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Q1. 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
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Rules of Offer and Acceptance are applied to enforce an agreement by the law. This agreement is the first requisite of any contract of the business. In order to a contract come into being between parties‚ the offer is made by the offeror and the oferee accept that offer. In 21st century‚ there are rapid changes in business trend which create lots of new business model such as e-business and global business. The more business participates‚ the more requirements of Offer and Acceptance Rules to adapt to
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