against her daughter‚ because (1) the arrangement between the two of them was throughout a family arrangement depending on the good faith The arrangement was far too vague and uncertain to be enforceable as contract 3. Carlill v. Carbolic Smoke Ball Co [(1893)1QB 256] Carbolic Smoke Ball Co. advertised in Newspaper anyone who uses its Smoke ball will not get influenza for a certain period
Premium Contract
2010 Business Law Revision Booklet The Business Law final exam is 3 hours with 10 minutes of reading time. HOW TO ANSWER CASE STUDY QUESTIONS When answering this question student’s need to follow the format of: i) state the issue ii) state the law-this includes relevant legislation and cases iii) apply the law to the facts iv) state the conclusion Key words used in questions: Explain – students need to provide
Premium Contract Tort Common law
The first element that must be looked into in order to advice the legal positions of Celia and her potential buyers is the character of the advertisement. It has to be distinguished between an advertisement which constitutes an offer or an invitation to treat. An advertisement may be considered an offer if it is clear‚ precise‚ definite and leaves nothing open for negotiation. This was established by Leftkowitz v Great Minneapolis Surplus Store involving a case of the sale of two mink scarves
Premium Contract Invitation to treat Offer and acceptance
All these distinctions are well established but there is some difficulty in separating an invitation to treat from a unilateral offer. Unilateral offers are ones made to the entire world which generally require some conduct to fulfil. In Carlill v Carbolic Smoke Ball the claimant tried to get compensation promised to customers who‚ responding to an advert‚ used a product and still contracted influenza (flu). It was held that the advert was so specific it was lifted above and invitation to treat‚ thus
Premium Contract Offer and acceptance Invitation to treat
The Horrors of War on the Front In “All Quiet on the Western Front” Erich Maria Remarque a German veteran describes the harsh events that happened in WWI. The main character Paul Baumer narrates his story of what happened on the Western Front. Paul and several friends decided to join the army right out of high school at the young age of 19. In the beginning‚ Paul and his comrades were excited to join the army because they had been given speeches about patriotism‚ in time they realized that war
Premium Erich Maria Remarque All Quiet on the Western Front The Road Back
Principles of Liability – Coursework Assessment Two For a contractual agreement to withstand‚ it is crucial that the contract contains the four main components‚ which are; offer‚ acceptance‚ consideration and the intention to create legal relations. A contract is seen as a legally binding agreement between two parties‚ so It is very important for the court to establish a ‘consensus ad idem’; the meeting of minds in order to judge whether a contract exists. Britney’s first meeting with
Premium Contract Meeting of the minds
Chapter 1 Notes * Robert Hooke * Discovered Cellulae (Cells) * Formed Basis of Cell Theory * 1. Cell basic unit of life * 2. All living organisms are made of cells * 3. Must have living cells to make more cells * Anton Von Leeuwenhoek * Father microbiology & microscopy * Discovered microorganisms (animalcules) * Disproved microorganisms were heaven sent * Put clean bowl out during rainstorm & no microorganism
Premium Bacteria Microbiology Eukaryote
Part A Question 1 Step 1 Identify the legal issue The legal issue is whether the element of agreement requires the formation of a valid contract. Step 2 Explain the principles of law relevant to that issue with reference to authority (cases and/or legislation) The element of an agreement is one of the three elements of a contract intention to be legally bound either in formal execution in a deed; or consideration. Agreements means a meeting of the minds on at least those essential
Premium Contract
Trading Act 1987 (NSW) Minors (Property & Contracts) Act 1970 (NSW) Motor Dealers Act 1974 (NSW) Motor Vehicle Repairs Act 1980 (NSW) Sale of Goods Act 1923 (NSW) Travel Agents Act 1986 (NSW) Cases that are significant to consumers Carlill v Carbolic Smoke Ball Co (1893) 1QB 256 Blomley v Ryan (1956) 99 CLR 362 Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 Handley v Snoid (1981) 4 TPR 361 Johnson v Buttress (1936) 56 CLR 113 Astley v Austrust (1999) 161 ALR 155 G. H. Myers
Premium Consumer protection Consumer Law
the offer which the sop accepted. The type of contract that was formed with Rick was a standard form contract as Rick has all the bargaining power. For a valid contract to be formed there must be an offer made which was seen in the case Carlill v Carbolic Smoke Ball Company [1893] in this case an offer was made to the whole world. Once offers has been made this will then have to be accepted‚ acceptance can be seen in the case Felthouse v Bindley (1862) in this case it was decided that silence cannot
Premium Contract Contract law