University of Macau BBEL 230 –Business Law I Macau‚ 28 March 2010 MID-TERM EXAM (Part I) |Write your full identification‚ Western name and section. | |Only the legislation‚ without any forbidden notes‚ can be used. | |Dictionaries are allowed.
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then made an offer to Jim after the interview. As for acceptance‚ Postal rule will not come into effect‚ as there was no indication by Pei Ling or Jessica that the letter or acceptance is to be mailed but only to be hand delivered. Also‚ the message that Jim left on Pei ling’s voicemail may not equate to an acceptance‚ as it is not conveyed - as held in Gibbons v Proctor. It is also known from the fact that there was no indication that the acceptance was to be conveyed by phone or even through voicemail
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(a) Belinda enters Tesco store and selects food items‚ fruit juice‚ vegetables‚ stationary and 2 dresses. She puts these items into her shopping trolley. Has a contract been made between Tesco store and Belinda at this juncture? Give reasons for your answer. Introduction The issues that are happening in the question is that any contract been made at this points between Belinda and Tesco store when Belinda as a customer’s put the item she was planning to buy at her shopping trolley. Definition
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establishment of a legally binding contract based on the intention of the parties via advertisements. However‚ the formation of contracts is not solely based on the intentions between parties. After the invitation to treat‚ there should be an offer and acceptance‚ intention to create legal relation‚ consideration‚ capacity‚ legality‚ possibility and certainty‚ and only when both parties have fulfilled all these requirements would a traditional binding contract be formed. Therefore‚ would a contract be legally
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Step 1 The legal issue is whether the participants have established offer and acceptance for a valid contract. Step 2 All parties involved in an agreement need to complete respective conditions completely in order to be able to bring the agreement to court as judges will only identify the terms for a sufficient agreement. Illusory promise is a promise which none of importance items have been acknowledged. Illusory promises cannot be imposed. In Placer Development Ltd v Commonwealth case‚ Placer
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hence the broker could not recover damages. An offer should be made to obtain the assent of the other. The offer should be communicated to the offeree. Unless an offer is communicated to the offeree by the offerror or his duly agent‚ there can be no acceptance.
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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 enforced
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the plaintiff since he has accepted the offer via post. The email sent by the company to Sarah on 21 July to revoke the offer is invalid because she has already accepted the offer. Revocation of offer can only be done before the communication of acceptance by the offeree. The method of reply used by Sarah through email is valid as long as it is not less advantageous to the offeror although the
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therapist. My desire to help people now is reflected in my volunteer service as an EMT. I would like to continue helping people and make it into a career. I can do this by going to college and putting my privileges to work. After receiving my acceptance letter to my top choice in schools‚ University of Delaware‚ I was overcome with joy; then‚ I was hit with the
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substantial flexibility both as how they finish contracts and the terms that they include. To understand how freedom of contract is seen in English private law‚ it is important to understand things such as offer and acceptance and implied terms within a contract. “Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. Agreement consists of an offer by an indication of one person (the "offeror") to another (the "offeree")
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