research paper
Q 1 - An offer exits whenever the objective inference from the offeror’s words or conduct is that she intends to commit herself legally to the terms she proposes. The advertisement specified that the promisee should use the smoke ball 3 times a day for 2 weeks. Mrs. C used the smoke ball and caught Influenza, then claimed the $100 from the company.
a- How were the facts of Carlil v. Carbolic Smoke Ball different from the usual situation involving an advertisement? ( relate it to the elements of a contract )
The statement has all the elements of a formal contract: two (or more) parties, an “offer,” in this case a reward by Carbolic Smoke Ball Company, and “acceptance,” in this case by Mrs. Louisa Elizabeth Carlill’s dutiful use of the product three times daily for two weeks. Unfortunately for Mrs. Carlill, she contracted the flu. And sued. You can guess which position each party took.
In this third post in a series that covers different print sourcing and procurement strategies, I define, discuss ideal uses, and cover the advantages and disadvantages of contracts.
In our context, as opposed to the unilateral offer presented above, a contract can be defined as a term agreement between two parties with an “offer,” in this case by the print services supplier, and “acceptance,” in this case by the buyer. More specifically, the contractual agreement may reserve capacity for a specific volume and time frame at an agreed upon price. A simple example: The supplier offers to sell and deliver 1,000,000 blow-in cards per month for the next 18 months for $XX/M. The buyer accepts the offer, and both negotiate other important terms – covering payments, SLAs, risk-mitigation, quality control and a myriad others – fodder for a different blog post.
Ideal uses for a contract in print procurement usually involve product characteristics. Specifically, we typically recommend contracts to our customers, or see customers using this strategy, when one or more of the following
a- How were the facts of Carlil v. Carbolic Smoke Ball different from the usual situation involving an advertisement? ( relate it to the elements of a contract )
The statement has all the elements of a formal contract: two (or more) parties, an “offer,” in this case a reward by Carbolic Smoke Ball Company, and “acceptance,” in this case by Mrs. Louisa Elizabeth Carlill’s dutiful use of the product three times daily for two weeks. Unfortunately for Mrs. Carlill, she contracted the flu. And sued. You can guess which position each party took.
In this third post in a series that covers different print sourcing and procurement strategies, I define, discuss ideal uses, and cover the advantages and disadvantages of contracts.
In our context, as opposed to the unilateral offer presented above, a contract can be defined as a term agreement between two parties with an “offer,” in this case by the print services supplier, and “acceptance,” in this case by the buyer. More specifically, the contractual agreement may reserve capacity for a specific volume and time frame at an agreed upon price. A simple example: The supplier offers to sell and deliver 1,000,000 blow-in cards per month for the next 18 months for $XX/M. The buyer accepts the offer, and both negotiate other important terms – covering payments, SLAs, risk-mitigation, quality control and a myriad others – fodder for a different blog post.
Ideal uses for a contract in print procurement usually involve product characteristics. Specifically, we typically recommend contracts to our customers, or see customers using this strategy, when one or more of the following