which can be described as any part of the negotiation process that invites further bargaining‚ rather than acceptance: Pharmaceutical Society v Boots Cash Chemist Acceptance Communication of acceptance is generally required: Felhouse v Bindley‚ EXCEPTIONS are: • Where an offeree with a reasonable opportunity to reject the offer of goods or services takes the benefit of them under circumstances which indicate that they were to be paid for in accordance with the offer: Empirnall Holdings v Machon
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ANSWER From the above it follows that Alexandra and Charles made different promises to Bertram and the Décor Ltd director agreed to accept the lesser payment from Alexandra. In each situation there must be consideration (something in exchange) for all of the promises to be enforceable. Consideration was defined by Lush J in Currie v Misa as “some right‚ interest‚ profit‚ or benefit accruing to the one party‚ or some forbearance‚ detriment‚ loss or responsibility‚ given‚ suffered or undertaken by
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Week 6(1) – PROPERTY LAW Capitalist society – incentive to obtain assets and a system to protect these assets. Capitalist is more about individual rights‚ self-accumulation of wealth. Communist country – more about ‘public’ rights – the state owns property and chooses some system of distribution. Prevents exploitation of natural resources e.g. gold‚ trees‚ fishing areas e.g. around Australia. TYPES OF PROPERTY Physical and intangible property (copyrights‚ trademarks and patents). Property
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who had a cause of action at the time of making it‚ and by which he agrees not to sue the party liable to such action Exceptions to the Consideration Requirement * Promises that induce reliance under the doctrine of promissory estoppel * Promises to pay dabts that are barred by a statute of limitations * Promises to make charitable contributions Promissory estoppel- a person who has reasonably relied on the promise of another may be able to obtain some measure of recovery. Requirements
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Law Formative Assessment Activity The commencement of the class’s courses examines the concept of employment-at-will within firms. The paper analyzes the following questions: how does the employment-at-will concept employs to Big Lots? What exceptions refine its application to Big Lots? And how is it used by the managers for the protection of the organization? Application of Employment-at-Will One state that follows employment-at-will is the state of Texas. Big Lots has not exhibited the practice
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Discussion Question 1. On 1 Jan 2009 a V and P entered a standard form contract for sale of property in SYD‚ with special condition that the “sale is subject to P completing the sale of his existing home in Brisbane by 1 June 2009” but no time for completion is specified and clause 29 of 2005 Standard Form is deleted. (Standard Form: completed with in 42 days of existing contract/ exchange of contract? Hence the qtn scenario means it’ll be deleted.) Is there a binding contract for SYD before
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to go to some lengths to invent consideration eg Ward v Byham [1956] 1 WLR 496‚ Williams v Roffey Bros [1990] 2 WLR 1153) equity will‚ in some instances‚ uphold promises which are not supported by consideration through the doctrine of promissory estoppel. Rules of consideration There are various rules governing the law of consideration: 1. The consideration must not be past. 2. The consideration must be sufficient but need not be adequate. 3. The consideration
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Second Exam Review Guide Chapter 8 – Negligence (5 extra credit questions) Know the definitions of negligence and negligence per se * Negligence – conduct that falls below the standard established by law for the protection of others against unreasonably risk of harm; not intentional and usually by accident * Negligence Per Se – violation of a statute that prohibits or requires a behavior in order to prevent harm to others; both duty of care and breach Know and be able to apply the
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Question: Identify the principle Lord Denning was discussing in Bishopgate Motor Finance Corporation Limited v Transport brakes limited and clearly explain how the principle has been modified by common law and statute. AUTHOR : KATALILO JOY INTRODUCTION This paper will identify the principle Lord Denning was discussing in Bishopgate Motor Finance Corporation Limited v Transport brakes limited and clearly explain how the principle has been modified by common law and statute
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Contracts Outline I. Introduction a. What is a K?: A promise of a set of promises for the breach of which the law provides a legal remedy. § 1. b. Hawkins v. McGee – an expectation to the idea that most medical promises should be argued in malpractice suit c. Bayliner v. Crow – promise was Insufficiently specific i. General intro into what kind of promises are enforceable II. Remedies (Prelim.) a. 2 assumptions – Naval & Sullivan i. Rather than punishing
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