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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CONSIDERATION (giving each other party something of value which underlies promise they are making) AGREEMENT: (bargain 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
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Yatie‚ and whether the the offer by Yatie was revoked or not. According to (Miller & Jentz‚ 2010) every contract will involve atleast two parties. That is the offeror and the offeree. The offerer is the party who makes the offer‚ and the offeree is the person to whom the offer is made to. OFFER As per (Clarkson‚ Miller‚ Jentz‚ & Cross‚ 2009) an offer is a promise or commitment to do or not to do a certain thing. And there are three elements for an effective offer to be legally bounding from
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accepting the offer. At 6pm on Friday he changed his mind and telephoned Alice. Alice was not there but her telephone answering machine recorded Bill’s message stating that he wished to withdraw his acceptance. On Monday Alice opened Bill’s letter‚ which arrived that morning‚ and then played back the message on the machine. Advise Alice.’ Introduction Begin by exploring what topic the question is talking about so in this case the question is talking about how Bill has revoked his acceptance. Define
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usually takes the form of offer and acceptance. An offer is defined by Treitel as "an expression of willingness to contract on certain terms‚ made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed"‚ the "offeree". In addition‚ an offer is a statement of the terms on which the offeror is willing to be bound. When an offer has been made‚ it doesn’t means a contract has formed until the offeree accepts the offer. The "expression" referred
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legally enforceable agreement‚ or a contract‚ can be 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
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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: 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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must make an offer and the other accept it (see: Acceptance of offer). The offer will usually indicate the form the acceptance should take (e.g.‚ in writing‚ by post)‚ and may indicate when the acceptance will be deemed to have occurred (e.g.‚ on delivery of the posted acceptance‚ see: Acceptance of offer by post). In seeking to prove that a contract was in existence‚ it will be necessary to show that there was a definite offer. Certain things look like offers‚ but aren’t always what they seem. Here
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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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