BUSINESS LAW ESSAY PLAN ➢ Acceptance must be communicated to be effective. ➢ Where the parties contemplate acceptance by mail‚ acceptance will be complete as soon as the letter is properly posted. Postal rule definition ➢ Actual communication versus constructive communication ➢ Actual acceptance (real) versus constructive acceptance (postal rule) (Graw p.89) ➢ Contract is an agreement which the law enforces. ➢ Contract law is the basis of business law ➢ Two main sources:
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there is a formation of a contract. To determine if an offer exists‚ an offer will be differentiated from an invitation to treat. Secondly‚ the offer and acceptance of the last offer will be identified. Thirdly‚ Fitness for purpose (SOGA) will be explained. With regard to Peter v Manufacturer‚ the “Guarantee” of consumer goods (UCTA) will be explained. Lastly‚ Peter will be advised regarding this issue. 2. Peter v Salesperson Applicable Law 1: Issue This issue is whether the advertisement
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LAW OF CONTRACT NOTES INTRODUCTION. A contract is an agreement between two parties which is enforceable by law.An agreement is made when a person signifies his willingness to do or to abstain from doing anything with a view of obtaining the assent of the other party. Such act or abstinence is said to make a proposal.The person making the proposal is called the offeror and the person accepting the proposal is called the offeree TYPES OF CONTRACTS: Contracts may be classified into: -Written
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competent parties in which an offer is made and accepted‚ and each party benefits. No contract can come into being unless the following features exist: an actual offer‚ an acceptance‚ consideration (this means that each party will contribute something of a material value to the bargain) and an intention to create legal relations. The agreement can be formal‚ informal‚ written‚ or just plain understood. (a) For a contract to exist the offer must be made and then accepted. An offer may be defined as a statement
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District of Columbia et al v. Heller case. The court stated that the second amendment allowed people to own guns. They concluded that the District of Columbia’s ban on guns was unconstitutional. The ban made it a crime to have an unregistered gun. The ban also required lawful guns to be stored unloaded and unassembled or have a trigger lock on it. The second amendment has limits though. These bans violate the second amendment. Wright‚ S. E. (2012). Gun Control Laws
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3.2008 in claim Case No.11/2006. 2. The brief facts giving rise to this appeal are that the husband of the respondent No.1 Smt. Badami‚ namely‚ Pappu Ram while driving Truck No. RJ-19/1G-3189 coming from Mumbai to Jodhpur in the night between 29.7.2003 and 30.7.2003‚ collided with Trailer No. HR-55-0707 and in the said accident Pappu Ram lost his life. The wife of the said deceased Pappu Ram‚ namely‚ Smt. Bidami Bai and his children Mamta‚ Rekha and Munna initially filed claim case No.103/2005 on
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Student ID: 11504809 Answer to question no.1 Issues After unforeseeably hitting drunk Mary and injury her (breaking her leg)‚ is Bob liable for Mary’s injury according to Torts? Can Sam sue Tom because he was stuck in traffic for the accident? Law When a party caused physical injury to some as long as the harm was foreseeable‚ a defendant is liable for all types harm suffered by a plaintiff‚ including those that were not foreseeable. This is known as the ‘Egg-shell skull’ rules. In Donoghue
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the case presented in this question‚ there is a valid promise between Tina and Yatie. According to Section 2a of Contract Act‚ when one person signifies to another his willingness to do or abstain from doing anything‚ with a view to obtain assent of the other to such act or abstinence‚ he is said to make a proposal. Apparently in the case that Yatie had made an offer or proposal to her business partner‚ Tina to supply handcrafts by sending an offer letter to Tina. Tina had received the offer letter
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Part A Question 1: Step 1 The issue of law it that for a reasonable contract to be established‚ whether the element of agreement required for the formation of a contract can be formed in parties. Step 2 A legally enforceable contract can be organized by three significant parts; there are intention‚ agreement and consideration. With regards to agreement‚ it means a discussion of the consensus on critical terms needed for a workable transaction. Generally‚ while the parties intended‚ an agreement
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important to understand on how a contract is formed and what are the steps and requirements to make sure the contract stays legally enforceable. In order for a contract to exist‚ there are four key elements to it. An offer must firstly be made by the offerer‚ followed by the acceptance of the offer by the offeree. Considerations must also be done under seal and deed and there must be an intention to create legal intentions for the contract. All these terms must be fulfilled‚ as any terms left unfulfilled
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