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Adrian Act As A Promisar Case Against Behee And Smith Vs. Smith

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Adrian Act As A Promisar Case Against Behee And Smith Vs. Smith
Application 1: In this scenario, Adrian act as a promisor while the Melissa act as a promisee. Adrian had made an offer to a specific person which is Melissa. Hence, only Melissa can accept the offer that made by Adrian. Thus, when the offer is accepted by Melissa, it becomes a bilateral contract (agreement that involve two person or groups). The offer that made by Adrian to Melissa in this scenario is made expressly which is made in word. Adrian had sent an offer letter to Melissa on 1st November 2015 to sell his car. The offer letter that Adrian sent is in written format, so this shows that the offer that Adrian made is in expressly format. The communication of offer is complete when the offer letter is received by Melissa on 3rd November 2015. In terms of acceptance, …show more content…
A disagreement arose between the parties and eventually Behee mailed a written offer of $42,500 for the real estate and $250 for a dinner bell and flower pots. Smith signed the agreement but Behee notified an agent of Smith that he had withdrawn the offer before he received notice of the acceptance. Hendricks brought an interpleader action against Behee and Smith and Behee filed a cross claim against Smith. The court awarded $997.50 to Hendricks and the balance to Behee. Smith appealed.
In the case of Stevenson Jaques & Co v McLean (1880) states that A "mere inquiry" not a counter-offer. Traders wanted to sell some iron and indicated the price they were looking for. The plaintiffs, being brokers, would only buy once they had lined up a buyer to take from them. Early one morning, before trading on the market began, they rang the traders to find out what flexibility there might be to negotiate before getting in touch with potential buyers. The market was unstable and the plaintiff wanted to know the negotiating range. "please wire whether you would accept 40 for delivery over 2 months, if not, longest time

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