contract regarding offer acceptance states that in order to form a contract‚ the acceptance must be unconditional (Black 2011) . Counter-offer is a response to an offer which‚ while not expressly rejecting the offer‚ seeks to qualify it by deleting some of the terms. The example of counter-offer effect is Wolf and Wolf v Forfar Potato Co Ltd (1984) case. A potato merchant in Scotland made an offer by telex to sell products in international market. A merchant in Netherlands accepted the offer‚ but with some
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never was an offer made by the Council. The Council’s letter stating that it ‘may be prepared to sell’ was merely an invitation to treat. Offer: Offer should to be clear and certain. James replied‚ “I will sell you the ten television sets for £2500.” Here James statement was clear and certain. So it is an offer. According to Carlill v Carbolic Smoke Ball Co. (1893): The advertisement in this case was held to be a unilateral offer because there was a clear prescribed act. An offer needs to be
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from encumbrances) * It must be known and specific by address‚ description or specification e. Contract (offer and acceptance) 2 necessary conditions: i. A pledge becomes a concluded contract by the offer and the acceptance of the pledgor and pledge. The offer and acceptance must be absolute and in definite and decisive language. ii. The acceptance must agree with the offer. Other features relating to the pledged property are as follows: 1. One pledge may be exchanged for another
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Unfortunately‚ one of the cat‚ Bimmie‚ is injured and this made David to terminate the contract. In relation to this case‚ the offer and acceptance‚ thus the making of agreement‚ has been established. Offer‚ is when an offeror offers anything to the offeree‚ then the offeree makes an agreement through acceptance‚ which then forms and agreement‚ thus where the offer and acceptance is being applied. In light to this question‚ it will be tackled on how David will deal with these offerees and their respective
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Semester 2 2014 Fundamentals of Law: Contracts Assignment Name: Student ID: Table of Contents 1.0 Case 4 2.0 Questions 4 3.0 Memorandum 5 4.0 Reference 9 1.0 Case Semester Two 2014 Bea‚ an amateur art collector‚ read the following ad in the paper: “Steven’s Art and Antiques – The Finest in Collectibles – Internationally Recognised Artists!” Bea went to Steven’s store and spotted a large painting signed with the name “Master”. Bea asked Steven‚ “Is this an original
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binding contract. However‚ an invitation to treat is merely a supply of information (eg. an advertisement) to tempt a person into making a proposal. It is important to differentiate a proposal which will consequently lead to binding obligations on acceptance. On the other hand an "invitation to treat" is a mere suggestion of a readiness to deal or trade. In essence‚ an invitation to treat is a preliminary approach to others inviting them to make a proposal which can then be accepted or rejected. For
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University of Macau BBEL 230 –Business Law I Macau‚ 28 March 2010 MID-TERM EXAM (Part I) |Write your full identification‚ Western name and section. | |Only the legislation‚ without any forbidden notes‚ can be used. | |Dictionaries are allowed.
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Communication of Acceptance Acceptance must be communicated by the offeree or somebody who is authorised by the offeree. Operation of Postal Rule When contracting parties are bargaining at a distance‚ typically via mail‚ problem may arise because the parties could not know at the same time whether they had formed a contract. Therefore‚ a general rule indicating the time of an effective acceptance was established. The postal rule was created for convenience and certainty. It is an exception
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spoken or written and is enforceable by the law. For the contract to be valid and binding‚ several elements must exist. Execution‚ mutual promises‚ parties‚ and terms of performance are the factors that must exist. There also must be an offer‚ consideration‚ acceptance‚ and mutuality for a contract to remain legally binding and helpful on instances of any breach (Burton 2009). The most important part of the contract is closing the deal. The point of the actual sale of the blue four-door sedan‚ which
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opposed to an offer‚ an invitation to treat is not made with the intention that it is to become binding as soon as the person to whom it is addressed simply communicates his agreement with the terms; although‚ it is not always simple to differentiate between the two. Kiyo Itakura Investments v Bentall Properties Ltd. 1993 CanLII 289 BCSC (CA)‚ Tenders are generally placed in the category of invitation to treat‚ where a party is merely being invited to make a bid which constitutes the offer and the party
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