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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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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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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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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Introduction: 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
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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 other side‚ invitation to treat invites the other people to make an offer which can be accepted or rejected by the other party. To illustrate them we have to look in certain areas. First
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has to be distinguished between an advertisement which constitutes an offer or an invitation to treat. An advertisement may be considered an offer if it is clear‚ precise‚ definite and leaves nothing open for negotiation. This was established by Leftkowitz v Great Minneapolis Surplus Store involving a case of the sale of two mink scarves and a stole. The phrase “ £10‚000 for the lot‚ no offers” could be an element of an offer‚ indicating that price is not negotiable. It can also be interpreted
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namely offer‚ acceptance‚ consideration‚ capacity‚ legal relations‚ legality and agreement. In this essay‚ I am going discuss the offer and acceptance particularly. Offer In addition‚ an offer is when an offeror(the person who makes the offers) proposes a set of terms to an offeree(the person who accepts the offer). However‚ people might be in doubt about the difference between “offer” and “invitation to treat”. Invitation to treat is an invitation to make an offer. It is not an offer. This case
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of the contracts‚ especially about offer and acceptance. We will analyze the situation to see what laws are applicable and advise Neil. In this case‚ we have three different people: Firstly an offeror‚ a person who makes an offer (in this case‚ Neil) and two offerees‚ the person to whom an offer is made (in this case‚ Theresa and Alex). Neil placed an advert in the “Cats Weekly” magazine‚ which offer a rare female utopian cat for sale £500 or nearest offer. This is an invitation to treat‚ which
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Business Law(BL) John is an offeror as he is putting his property out at 2 million and this offer may also be made to the world at large not just individuals or specific groups of people(Carhill v Carbolic Smoke Ball Co 1893). After having assessing through the situation of Adam and Bill‚ i would like to touch on assessing Adam’s situation first. In this scenario‚ John was the offeror as he offered 2 million for the house and Adam is the offeree but as Adam was the first viewer of the house
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