Assessment 1: Individual Assignment Question 1 (a) Consideration is one of the four main elements to be present in order to have a legally binding contract. Consideration can be anything of value (such as an item) which each party must agree to exchange for the contract to be valid. For consideration to be sufficient‚ both parties have to have an agreement. If only one party agrees to it‚ then the agreement is not consider a legally binding contract. Something must be given or promise in exchange
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’receiving attention’ is not an acceptance to the offer. An acceptance must be clear and unqualified to be binding. It can be argued that Italian Cuisine is actually ’silent’ on the issue of acceptance an silence is not acceptance (see Felthouse v Bindley ). We must now look at the issue of the revocation and decide whether Tallula Investments is required to take delivery and pay for the cookers. Since Tallula made the offer to Italian Cuisine which was not actually accepted‚ they are entitled to
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References: Adams v Lindsell (1818) 106 ER 250 Carlill v Carbolic Smoke Ball Co. (1983) 1 QB 256 Cohen v Cohen (1929) 42 CLR 91 Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd (1915) AC 847 Felthouse v Bindley (1862) 142 ER 1037 Harvey v Facey (1893) AC 552 Partridge v Crittenden (1968) 2 AII ER 421 R v Clarke (1927) 40 CLR 227 Roscola v Thomas (1842) 3 QB 234
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did accept the offer or if acceptance did not occur. In the case study it is stated that after Michael revoked the original offer and provided a new offer of 20‚500‚ matt said nothing. Silence is not a form of acceptance as was held in Felthouse Vs Bindley (1862) 11 CBNS 8693. The case clearly indicates that a person who makes an offer‚ cannot impose a bargain on the other merely by stating that silence indicates consent4. In conclusion as Matt did not in anyway‚ shape or form accept the offer‚ and
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distinguished from a mere statement of price and invitation to treat. After distinguishing it‚ there must be acceptance. Therefore‚ communication between parties is imperative. An apt example for miscommunication would be the case of Felthouse v Bindley. The postal rule was developed due to the Adams v Lindsell case in 1818. Postal rule states that the moment a a letter of acceptance is posted‚ a contract is formed. In any case‚ an offer can always be revoked and withdrawn as long it is before
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Assignment 5: “Communication Dilemma-Getting Credit” Strayer University MGT 522- Women In Leadership Professor Fardanesh November 23‚ 2014 Assignment 5: “Communication Dilemma-Getting Credit” Propose some lessons we can learn from gender communication in business. Some of the main focuses of gender communication in business are the differences and stereotypes of the way females and males communicate. From their use of language‚ tone‚ to negotiation skills‚ men and women have always differed
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1. What are the principles under the doctrine of binding precedent? When it comes to deciding on case‚ judges do not decide solely on their own. They are bound to follow certain accepted principles which are commonly known as “the doctrine of binding precedent”. The doctrine of binding precedent required that “like cases decided alike”. If a case now before the court has facts and raises issues similar to those of a previously decided case‚ then the present case will be decided in the same way
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Below is a model answer based on the previous categories. The green highlighted text shows how the law has been applied to the facts. The yellow highlighted text shows relevant case citations. The case study deals tih a simple contract‚ which is not required to be in writing. The elements of a simple contract are: Intention to create legal relations Offer and acceptance (an agreement) Consideration Capacity of the parties Certainty of terms Legality of object
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Business Advisory Service Legal responsibilities for business owners Advise for new business owners about: * Legal status and risk involved * Contract Law * Consumer legislation Legal Status When starting up a business‚ one should decide which legal status to choose. Each legal status has its own different responsibilities and there are some risks involved. There are three types of legal status: sole trader‚ partnership and limited companies (Ltd & Plc). * Sole
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Law assignment Name: Chang Jun Han Student ID Number: Identification card number : Group : Lecturer’s name: The issue in this case deals with invatition to treat ‚ offer ‚ counter-offer ‚ conditional acceptance and acceptance . It also deals with the elements of valid contract. General rule for a binding contract is an offer and an acceptance of the proposal. There must be effective communication to the proposer. It is very important to differeciate a proposal from an invitation to
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