Question 1: Comment on the terms and conditions placed by the corporation. Answer: Consider the corporation’s point of view: Take a look into a couple T&C individually‚ Where CORPORATION wanted the hardware and software ordered from a single supplier‚ and wanted the equipment on a long lease and not outright purchase The committee formed by CORPORATION didn’t want to take the responsibility of the each and every item that was being purchased because in that case they would have had to run
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Goldsbrough Mort v Quinn A promise to hold an offer open for a time is not enforceable (as there is no consideration). BUT option contracts have consideration for the promise Mobil Oil Australia v Lyndel If the performance of a unilateral contract has commences the offeror can revoke it but there may (Depending on circumstances) be an implied ancillary (side) unilateral contract to not revoke it which you would be in breach of Stevenson‚ Jaques & Co v McLean Inquiry as to a method of payment is not a rejection
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Asif Tufal Contract-Law-page CASES ON FORMATION OF A CONTRACT OFFER Payne v Cave (1789) The defendant made the highest bid for the plaintiff’s goods at an auction sale‚ but he withdrew his bid before the fall of the auctioneer’s hammer. It was held that the defendant was not bound to purchase the goods. His bid amounted to an offer which he was entitled to withdraw at any time before the auctioneer signified acceptance by knocking down the hammer. Note: The common law rule laid down in
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1. Lakshminarayan Ram Gopal and Son Ltd V. The Government of Hyderabad‚ AIR 1954 SC 364 FACTS: An Agency agreement was entered into between the Mills Company and the appellants appointing the appellants it’s Agents for a period of 30 years. The appellants throughout worked only as the Agents of the Mills Company and for the Fasli years 1351 and 1352 they received their remuneration under the terms of the Agency agreement. Notice was sent to the appellants to pay the amount of tax appertaining to
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Case name Case facts What it links to Rookes V Barnard Rookes sued the union officials‚ including Mr Barnard‚ the branch chairman. Rookes said that he was the victim of a tortious intimidation that had used unlawful means to induce BOAC to terminate his contract. The strike was alleged to be the unlawful means. -The case was almost immediately reversed Miliangos V George Frank Textiles George Frank Ltd was a Swiss textile producer who sold and delivered textiles to Miliangos‚ textile
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Our bodies could well be described as our own worst enemies‚ capable of surrounding the greatest aspirations through earthly physical brittleness; cutting short great lives prematurely. Some causes of death are particularly common and constant efforts are being maintained to fight their destructive effects. However‚ other deaths occur unexpectedly and are frequently being questioned in why they took place. Attitudes towards death change over a life period of the person. When a baby is born he or
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Chapter 1 Case: Converse Converse‚ a brand of basketball shoes that became familiar with success from the start but dropped into bankruptcy in the early 2000’s‚ is now slowly climbing its way back to the top. Since 1908 when Converse was founded it was very popular among many athletes‚ artist‚ musicians‚ and designers. Converse was well known for its original canvas high top All Star or Chuck Taylor. In the 1970’s several companies started producing this “high-top” shoe‚ which caused Converse’s
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Selikowitz Group No: 3613 Advice has been sought as to whether or not Dr. Amber has an enforceable contract with Furniture Comfort‚ and whether she is entitled by law to buy the couch at the discounted price. In order to address the issue‚ one needs to start by examining each of the four essential elements for contract formation: agreement‚ consideration‚ certainty and an intention to create legal relations.[1] 1. NEWSPAPER ADVERTISEMENT The newspaper advertisement is not an offer but an invitation to
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Accepting Change In Robert Olen Butler’s “Jealous Husband Returns in Form of Parrot‚” the narrator attitude towards masculinity changes when he was a man he was aggressive‚ competitive with other men‚ and he did not express his feelings but when he becomes a bird he becomes more vulnerable‚ less aggressive‚ and wants to speak but cannot. Once he becomes a parrot‚ he beings to realize how he was wrong as a man and all he wants to do is tell his wife that he is sorry but he cannot because he is limited
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The case we were provided with was Abu V. Shell Company. In this case Abu and Shell company signed a contract of 10 years on the basis of the statement by Shell company experts that the station would be able to sell 900 000 liters of petrol per year. The approximate amount was provided on the basis of being direct access to the service station from Main street. A decision made by the local council announced that there would be a change in the traffic dierect access ‚ Shell company continued the contract
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