Hyde v Wrench [1840] Facts Wrench offered to sell his farm in Luddenham to Hyde for $1200‚ an offer which Hyde declined.On 6 June 1840 Wrench wrote to Hyde’s agent offering to sell the farm for $1000‚stating that it was the final offer and that he would not alter from it. Hyde offered &950 ‚and after examining the offer Wrench refused to accept‚ and informed Hyde of this on 27 June.On the 29th Hyde agreed to buy the farm for $1000 without any additional agreement from Wrench ‚and after Wrench refused
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a contractual intention on the part of the proposer as provided in the case of Ho Ah Kim v Paya Trubong Estate Sdn Bhd [1987] 1MLJ143.
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Introduction This report is split into four sections. Section one discusses offer and acceptance in relative to retailer and consumer and permitted laws that govern the contract agreement between them. It also focuses the matters of invitation to treat. Then advise will be given to Terri in respects to ‘offer and acceptance’ and ‘invitation to treat’ with the help of case studies. Section two discusses employment law‚ discrimination law and unfair dismissal. The author will then advise Jane on
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1. OFFER: Ben has contacted Ting in the subject matter of identifiable object GTX which Ting had inspected two days ago‚ he clearly mentioned terms and conditions i.e. $30‚000 cash and showed an intention to be bound by these terms and conditions 1(Harvy v Facey‚ Graw 6th ed‚ pg 41). 2. MERE INQUIRY: Ting didn’t accept or reject Ben’s offer and inquired about the spare parts which is infact a mere inquiry rather than counter offer as Ting has not put forward any new terms to Ben’s offer in
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Contract Law- Offer and Acceptance Enforcement of promises Criteria: 1. Offer and corresponding Acceptance 2. Consideration 3. Intention to create legal relationship 4. Certainty I. Formative elements – will theory of K Offer - an expressionof willingness to contract upon certain terms – binding upon acceptance Requisites: (a) Offer will become binding upon acceptance; and [may be prepared to sell] (b) Nothing further remains to be done If no an offer‚ what is it
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negotiated between two parties) Looking at it objectively: Standing outside the agreement‚ looking in as an outside observer. What do we think they have agreed? Smith v Hughes (1871) LR 6 QB 597 → court always objectively views the contract/agreement. Parties buy/sell new oats. Seller sold new oats while buyer wanted old oats. RTS v Molkerai (2010) UKSC 14 → that the courts have not diverged from viewing contract objectively. not (depending) upon their subjective state of mind‚ Why objective view
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Without offer and acceptance there can be no contract and so it is essential that the law provides rules to identify what constitutes both an offer and an acceptance. An offer may be defined as a statement of willingness to contract on specified terms made with the intention that‚ if accepted‚ it shall become a binding contract. An offer may be express or implied from conduct. In many cases it is crucial to determine when and where a contract is actually formed and this too needs rules. In the vast
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broken down in to five elements; offer‚ acceptance‚ consideration‚ capacity to contract and intention to create legal relations. In this scenario there doesn’t appear to be an issue with capacity to contract and intention to create legal relations‚ so we can assume that they are both satisfied. The issues concerning this scenario are the concept of an offer‚ acceptance and consideration. When looking at the issues and assessing them‚ the objective view adopted in Smith v Hughes‚ rather than a subjective
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Offer and acceptance | Contract law | Part of the common law series | Contract formation | Offer and acceptance · Mailbox rule Mirror image rule · Invitation to treat Firm offer · Consideration | Defenses against formation | Lack of capacity Duress · Undue influence Illusory promise · Statute of frauds Non est factum | Contract interpretation | Parol evidence rule Contract of adhesion Integration clause Contra proferentem | Excuses for non-performance | Mistake · Misrepresentation
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FORMATION OF A CONTRACT OFFER AND ACCEPTANCE For a contract to be valid‚ firstly there must be an AGREEMENT between the parties i.e. one party must make an OFFER which is UNCONDITIONALLY ACCEPTED by the other. OFFER What is an offer ? An offer is a promise that the person making the offer (known as the offeror) is prepared to be legally bound upon specified terms – he is making a statement of the terms on which he is prepared to be legally bound‚ for example A
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