said that not only the offer be accepted‚ but the acceptance must be communicated to the offeror. Where the parties are negotiating face to face‚ this present no problem since the acts or words which manifest acceptance will also communicate it. Where the parties are negotiating at a distance by post‚ telephone‚ telegram‚ telex‚ fax or messenger the principle obviously has important applications. (Dudgale‚ 1992) However in the case of postal acceptance‚ perhaps numerically the most common case‚ the
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amount to an offer; unilateral contract. Whether or not ____’s statement amount to an offer depends on the test in ______. An offer must be distinguished from an ________. Invitation to Treat Case: Patridge v Crittenden (1968) States that acceptance of an invitation to treat does not lead to a contract. Advertisements are generally viewed as an invitation to treat. Display of Goods Case: Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1952) States that
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Acceptance comes from deep inside a person. Every individual has been through something in life that they have had trouble accepting. I have been taught how to accept a situation for what it is by A Raisin in the Sun‚ The Great Gatsby‚ and The Red Badge of Courage. In A Raisin in the Sun‚ The Great Gatsby‚ and The Red Badge of Courage‚ I have learned that acceptance is the key to life. A Raisin in the Sun is a story about a non-wealthy family that comes into money. The mother of the family lost her
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Peer pressure Peer pressure is influence that a peer group‚ observers or individual exerts that encourages others to change their attitudes‚ or behaviors to stratify to group standard. It also might encourage others to have bad attitude and behaviors for example‚ smoking‚ alcohols‚ drugs‚ etc. Like most people‚ you already know that smoking is bad for your health. But do you really understand just how dangerous smoking really is? Tobacco contains nicotine‚ it’s too high addictive drug that makes
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1) Advise Amanda and Tracy as to their rights and obligation. In order to advise Amanda and Tracy‚ determining whether there is a contract between them is needed. To form a contract‚ offer‚ acceptance‚ consideration and intention are required. An offer is a definite promise or proposal made by the offeror to the offeree with the intention to be bound by such promise or proposal without further negotiation. An invitation to treat is not an offer‚ but a statement or expression made by a person to
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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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a unilateral contract. 2. Must acceptance of an offer of a unilateral contract be communicated to the offeror? 3. What are the arguments for contending that an offer of a unilateral contract may not be revoked once acceptance has commenced? Self-Test Questions - Acceptance 1. Define acceptance. 2. Explain what is meant by a counter-offer. 3. What is the general rule concerning communication of acceptance? 4. What is the postal rule? 5.
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contract including offer‚ acceptance and rejection. The first issue is whether the email sent by Amanda to Tracy on 11 April is an offer or invitation to treat. An offer is a definite promise or proposal to be bound on specific terms and it has to be definite
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counter-offer ‚ conditional acceptance and acceptance . It also deals with the elements of valid contract. General rule for a binding contract is an offer and an acceptance of the proposal. There must be effective communication to the proposer. It is very important to differeciate a proposal from an invitation to treat. Invitation to treat is a stage of negotiation and inviting others to make an offer. A common example is the display of goods for sale in a shop. Besides that‚ acceptance and counter offer
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To form a contract‚ it usually requires offer and acceptance. Acceptance is an expression by words or conduct of assent to the terms of the offer. It shall be clear‚ unequivocal and unconditional as prescribed by the offeror. It is a moment when contract exist (that there is consensus ad idem). The general rule of acceptance is been stated in the case of Entores Ltd v Miles Far East Corporation‚ Lord Denning claims that an acceptance does not usually valid until it is reached to the knowledge of
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