DYJR7EAdvertisements of Bilateral Contracts Are Not Usually Offers Case Coelho Vs The Public Services Commission 1. Brief Facts/ Case Summary The applicant‚ Mr Meredith Coelho was a health inspector under the town Board Tanjung Malim and he applied for the post of Assistant Passport Officer in the Federation of Malaya Government Oversea Missions as advertised in the Malay Mail newspaper dated 1957. The terms and conditions of the selection are as stated below: * Serving Assistant passport
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The offer and acceptance model is flawed- only an agreement is necessary. In order to fully comprehend this statement‚ we must first establish what constitutes and offer and what constitutes acceptance. “An offer is a statement by one party of willingness to enter into a contract on stated terms‚ provided that these terms are‚ in turn‚ accepted by the party to whom the offer is addressed”. Acceptance is “…an unqualified expression of ascent to the terms proposed by the offeror”. The “Offer and acceptance
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Offer An offer sets out the terms upon which an individual is willing to enter into a binding contractual relationship with another person. It is a promise to be bound on particular terms‚ which is capable of acceptance. The essential factor to emphasise about an offer is that it may‚ through acceptance by the offeree‚ result in a legally enforceable contract. The person who makes the offer is the offeror; the person who receives the offer is the offeree. Offers‚ once accepted‚ may be legally
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Acceptance An acceptance is “a manifestation of assent to the terms [of the offer] made by the offeree in the manner invited or required by the offer.” In determining if an offeree accepted an offer and created a contract‚ a court will look for evidence of three factors: (1) the offeree intended to enter the contract‚ (2) the offeree accepted on the terms proposed by the offeror‚ and (3) the offeree communicated his acceptance to the offeror. Common Law: Traditional “Mirror Image” Rule
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Actions of Top Management Top management is the highest ranking executives responsible for the entire enterprise. Top management translates policies into goals‚ objectives and strategies and projects a shared vision of the future. The actions of top management will influence the organization’s culture. According to words and behavior that they say and behave‚ senior executives will establish a set of acceptable behavior that filter through the organization about. For instance‚ how much freedom that
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OFFER If a contract is a legally binding agreement‚ the first question to consider is the method by which the court ascertains whether a contract is to be formed. The offer must express the definite intention on the part of the person or organization making it (called “the offeror”) to enter into the contract with the person or organization to whom or which it is addressed (known as “the offeree”). An offer may be defined as a statement of willingness to contract on specified
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Part A The main issues are whether or not the court would consider that the restrictive covenant in issue is void for contrary to public policy. The relevant legal principles are: A covenant must be no wider than is necessary to protect the legitimate interest of the employer. Attempting to stifle competition is impermissible and it is irrelevant that the employer taught the ex-employee everything he knows. The court area particular to prevent contracts‚ which seek to prevent an employee
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A man once said‚ "Acceptance is not defeat‚ it is understanding." Ernest Hemingway shows this incredibly well in his novella The Old Man and the Sea‚ where an old Cuban fisherman named Santiago suffers from a streak of bad luck. Santiago‚ for the 85th day without a catch‚ catches a marlin which tugs him out to sea for many a days‚ only for his catch to be eaten by sharks on his trip returning home to Havana. He returns‚ exhausted‚ only to find his young companion at his aid‚ which he responds to
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OJT Acceptance Form July 12‚ 2013 This is to signify the approval of on-the-job training request allowing a fourth year student of Bachelor of Science in Information Technology‚ from the ACLC College of Gapan to render her practicum in Universal Robina Corporation-Agro-Industrial‚ located at Calumpang‚. Please be informed on the following details of her assignments. Job Title | Human Resources Department | Branch/Department/Section | RF 12 Human Resources | To report to | ACLC
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Business Law Question 1 For the given scenarios it is stated that both John and Patrick are aged over eighteen and are of sound mind and in the each scenario they intend to enter a legally binding contract. For a contract to come into existence there have to be three steps involved: • Agreement (Offer and Acceptance) • Consideration • Intention to create legal relations All three scenarios are supported by “consideration”. The general idea of consideration is that
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