To begin with this offer is an invitation to treat as it’s advertised in a newspaper and it’s open to everyone to make an offer. As Bob has refused to pay for the car he does not have to pay or risk any legal actions for being in breach of contract if he refuses to pay. Bob does not have to pay for the car as a contract has never taken place and none of the three requirements took place.Jamal rejected Bob`s first offer.…
The prevailing party being Pearsall argued that by exchanging mutual promises to share in the proceeds of the winning tickets, adequate consideration was given. He also argued that not only did Alexander give his verbal consent, he also snatched the tickets and anxiously scratched them when he contributed nothing to purchase the tickets making it evident he was “in on it” to share the proceeds. Another key point is dealing with legal detriment. Alexander, by his verbal promise, was obligated to split half of the proceeds with Pearsall and failed…
14. Radio station KSCS announced that it would pay $25,000 to any listener who detected that it didn’t play three songs in a row, but when Steve Jennings listened and heard a program where two songs were played followed by a commercial, he claimed the $25,000. The station refused to pay on the ground that there was no consideration for its promise to pay that amount. Consideration is the bargained-for exchange between the parties to a contract. It can consist of either a benefit to the promisor or a loss or detriment to the promisee. So when a promise acts to his detriment in reliance upon a promise there is sufficient consideration to bind the promisor to his promise. In this case it can be said that Jennings listened to the radio…
Acknowledgement: These Tutorial Questions were originally devised by Martin Markovic, Senior Lecturer, Business School, University of Adelaide.…
The issue is it’s unclear whether Jessie is making an offer to sell or an offer simply as a gift as they have been friends for 15 years. In order to determine if a valid offer has been made application of the objective test would be applied1. Would a reasonable person in these circumstances believe there to be a valid offer and what is the relative importance of the statement to each party2? Jessie’s statement made to Ian that he is happy to ‘let go’ of his car with the wording he has used has the potential to make the situation somewhat ambiguous, Jessie’s true intentions are unclear. The statement is not definite and lacks sufficient finality for the statement to be classed as an offer3. Although his wording is uncertain the courts will also look at what context the statement was made and because Ian did state he wanted to ‘buy’ a car for his daughter then the statement can be argued both ways. Jessie then invited Ian to his home to look at the car although there is still no conversation about the sale of the car. This offer doesn’t have terms that are clear and final and therefore the requirement of a valid offer has not been satisfied.…
* The court have to decide whether the parties were contractually bound by the sale note(which has been signed by both of them) or whether they would only have formed a binding contract by Cameron’s solicitors(which could not apply, since Masters did not signed.…
A court would not enforce the promise. If the terms of the contract express such uncertainty of performance that the promisor has not definitely promised to do anything, the promise is said to be illusory – without consideration and unenforceable.…
Contention: The Exchequer Chamber’s 1875 definition of consideration is that the contract is consideration. William E.Story, 2d did the things which his uncle require him. And Louisa W. Hamer has the legal right. So Franklin Sidway should give the money to Louisa W. Hamer.…
Consider comparative advantages and disadvantages of each form of association in the light of facts given.…
The main dispute here is if the $100 deposit was a valid contract to buy the car as the salesman is stating. Prior to this the timeline went as following, Jim and Laura met Stan the salesman who shows off an array of options based on the preferences Jim and Laura presented. Stan allows Jim and Laura to test drive these cars to get a feel for the experience behind the wheel. Jim and Laura then decide on the blue 4-door sedan as their favorite, and this is the car listed in the contract by Stan. At this point the selection here was an equivalent of bookmarking or favoriting something on a web browser for example. Also we see no signs of a contract being…
Agreement, the first of the six relevant elements, is a meeting of two or more minds in regard to the terms of a contract. The process of agreement usually involves two steps. The first step is offer. An offer is a promise or commitment to perform or refrain from performing some specified future act made by the offer. Secondly ,is acceptance by the offeree either in the form of words or of conduct, which indicate agreement to the terms of the offer. An offer may be made to the general public, but no person can accept such an offer unless he knows that the offer exists. Mr. Shifty indeed entered into an agreement with Mary. His offer was indication of willingness to enter into a contract with her. The agreement consisted of him to observing her story’s synopsis.…
1. The plaintiffs are all citizens of a state or states different from the state or…
who “undertakes to form a company with reference to a given project, and to set it going and… takes the necessary steps to accomplish that purpose” (Cockburn CJ)…
secondly, even if the articles are not altered, it is unlikely that they give H an…
When Frank’s receptionist paid the payment in exchange for the ticket, the envelope containing the ticket was written “PLEASE READ CONDITIONS OF THE ENCLOSED CONTRACT”. The ticket itself contained the exemption clause. It could be said that the exemption clause could have been valid as notice of the clause was given at the time of the contract. However, the issue here is whether reasonable steps had been taken to draw to the attention of Frank…