Chapter 3 Offer and Acceptance 1 The offer (1) Invitation to treat An invitation to treat is essentially an initial appproach to others inviting them to make an offer which may or may not be accepted. e.g. The taking of articles from the shelves by the customer would normally constitute an offer to buy and not the acceptance by her or him of an offer to sell.(Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd) (2) Unilateral offers If the offer is made to the world at large
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to be guided by its previous decisions and formulated a number of general principles‚ known as the ’Maxims of Equity’‚ upon which it would proceed. These are still applied today when equitable relief is claimed. * Example of the many maxims: a. Those who seek equity must do equity. Persons who seek equitable relief must be prepare to act fairly towards their opponents as a condition of obtaining relief. b. Equity looks the intent rather than the form. Although a person may pretend that
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Proprietary estoppel is a powerful equitable legal concept; used as both a ‘sword’ and a ‘shield’ which distinguishes it from other equitable concepts. To have a successful claim within proprietary estoppel three basic requirements must be fulfilled‚ as quoted by Ying Khai Liew: “B induces A to assume‚ through a promise‚ assurance or acquiescence in A’s mistaken belief‚ that B will cede an interest in property he or she owns to A‚ and A detrimentally relies on the assumption” This essay will
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still persuades Ji to sign the mortgage contract immediately without informing Ji of the consequences if he fails to repay the loan. Refer to the case Blomley v Ryan[4]‚ The judger Fullagar J had listed the factors which might give rise to equitable intervention including “ poverty or need of any kind‚ sickness‚ age‚ sex‚ infirmity of body or mind‚ drunkenness‚ illiteracy or lack of education‚ lack of assistance or explanation where assistance or explanation is necessary. ’ Many of the factors
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What are the benefits and drawbacks of using broad notions of fairness in deciding cases? The theory of Critical Legal Studies removes the common held standards and aspects of general legal practices and looks to establish a more rounded and equitable remedy in all concerned situations. It is perceived that the law and its makers look only to protect the interests of those that are in power and that of the overwhelming social demographic whom create the modern day structure of beliefs‚ prejudices
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modification requires the government and the contractor to sign the change order. A bilateral modification is used to “[m]ake negotiated equitable adjustments resulting from the issuance of a change order” (Federal Acquisition Regulation‚ 2014). With such a severe change‚ both the government and the contractor would have to agree to the change and where applicable equitable adjustments would be required. 2. Select the administrative and judicial process that will bring the dispute to a resolution and
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In Rochefoucauld v Boustead (1897)‚ Lindley LJ said ‘that the Statute of Frauds does not prevent the proof of a fraud; and that it is a fraud on the part of the person to whom the land is conveyed as a trustee‚ and who knows it was so conveyed‚ to deny the trust and claim the land himself’. Section 53(1)(b) of the Law of Property Act 1925 provides that ‘a declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is
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One being the fact that Mr Clements expert evidence was required to be considered an equitable resource. This is not a correct court procedure and the judge was completely at fault for requiring this information. As it states “The but for causation test must be applied in a robust common sense fashion. There is no need for scientific evidence
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Indian democracy. They include individual rigts common to most liberal democracies‚ such as equality before the law‚ freddom of speech and expression‚ freedom of association and peaceful assembly‚ freedom of religion‚ and the right to constitutional remedies for the protection of civil right. Originally‚ the right to property was also included in the Fundamental Rights‚ however‚ the Forty-Fourth Amendment‚ passed in 1978‚ revised the status of property rights by stating that "No person shall be deprived
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he can only recover the principal debt. IS THE USAGE OF THE PHRASE ‘RIGHTFULLY PAID’ AND ‘WRONGFULLY PAID’ JUSTIFIED? The phrase ‘rightfully paid’ does not seem felicitous in sec.145. The literal meaning of the phrase ‘rightful’ is just and equitable and that of the phrase ‘wrongful’ is unjust and unlawful. A contract of guarantee is a contract where one person promises to discharge the liability of another in case of default to third person. Therefore‚ the liability for payment of the promisor
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