Legal Issue: Is an agreement between two parties enforceable by law 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
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When doing a business‚ a contract is usually needed. Since a contract is an agreement‚ therefore‚ for a contract to exist‚ the parties must assent to the transaction. Assent 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
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Acceptance Lindsay Reid LS 311 Kaplan University Professor James Starcher July 29‚ 2012 Acceptance In the case of Carrie‚ Antonio and Norvel‚ Carrie offers to sell Antonio a set of legal encyclopedias for $300.00. Antonio says he has to think about it and will let Carrie know the next day. Norvel‚ who overheard the offer to Antonio‚ tells Carrie he accepts her offer. Carrie gives Norvel the encyclopedias in return for $300.00. The next day‚ Antonio‚ unaware of the transaction between Norvel
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For a Simple contract to be valid one party 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
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Hugh Rowe was born in in Mountain Brook‚ Alabama on November 14‚ 1997. If you see him around you may look at him and think he’s a very typical and average guy but you haven’t seen him play the guitar or the deer he’s killed or the fish he has caught. Once he was around 8 years old he finally knew what he was met to do in life once his dad showed him his first rock album and it was Led Zeppelin 2. He was in love with the harmony and melody of the music and from that day on he knew that he wanted to
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Business Law: Offer and Acceptance. For a simple contract to be valid one party must make an offer and the other party accept it. An offer is made where a person (the offerer) unequivocally expresses to another (the offeree) his willingness to make a binding agreement on the terms specified by him if they are accepted by the offeree’ (Card 2002). This offer could be made to a specific person‚ in which case it cannot be accepted by anyone other than that individual. On the other hand it could
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anonymous Freedom of Self-Acceptance There is a time and place in this world where we may feel that we do not belong. Have you ever experienced this type of moment? For example‚ your first day of school when you do not know anybody and you are timid because you see people who are not alone or going to an occasion with a lot of guests and the only way to fit in the crowd is to be a part of it‚ but it isn’t always so easy. In a memoir‚ Stealing Buddha’s Dinner by Bich Nguyen‚ writes about her family
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Acceptance is a very complex characteristic. An individual doesn’t automatically grow up accepting others. There are numerous factors that determine how accepting an individual is of others. Believe it or not everyone has biases and stereotypes towards others‚ in order to truly understand these biases and stereotypes and as well how accepting an individual is of others‚ you must look at their past experiences‚ the environment they grew up in‚ and the culture they were raised in. I know when someone
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In the given question the issue is whether there is a binding contract between Gerard and Reg. A contract can be defined as a voluntary assumption of obligation .In order to establish a contract there must be an offer followed by an acceptance. In order to see whether the parties have come to an agreement the court would look at the intention of the parties. Intention will be looked at objectively .In applying the objective test the courts consider whether the reasonable person in the other parties’
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Acceptance is Freedom Freedom is a word that we use so often‚ but what does it truly mean? Everyone has a different definition of what freedom is. Some believe that freedom is saying whatever you want without consequences or doing what you want without consequences‚ while others believe that freedom is about equality. However‚ author Ambrose Flack presents a new and refreshing viewpoint. In his short story‚ The Strangers That Came to Town‚ Ambrose Flack is showing that true freedom is about
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