no acceptance of the original offer and the counter-offer presented was optional for Joanna to accept or reject‚ we can conclude that there was no enforceable contract in this case. Answer 2: Promissory estoppel is relevant to the dispute between Max and Joanna because promissory estoppel is a “legal principle that prevents a person who made a promise from reengaging
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This opinion is subject to revision before publication in the Pacific Reporter. IN THE UTAH COURT OF APPEALS ----ooOoo---Layne D. Hess‚ an individual‚ Plaintiff‚ Appellant‚ and Cross-appellee‚ v. Jody Johnston‚ an individual‚ Defendant‚ Appellee‚ and Cross-appellant. ) ) ) ) ) ) ) ) ) ) ) OPINION (For Official Publication) Case No. 20060497-CA F I L E D (June 21‚ 2007) 2007 UT App 213 ----Third District‚ Salt Lake Department‚ 050919801 The Honorable J. Dennis Frederick Attorneys: Paxton R.
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Grocery‚ Inc. Paper Grocery‚ Inc. is a retail grocery store chain with stores located throughout the United States. The organization has contracts with many vendors to obtain the products they sell in their stores. There are many laws and guidelines that‚ like other similar businesses‚ Grocery‚ Inc. must follow in order to operate in a compliant manner. Common Law Contracts and UCC Article 2 Contracts Both common law and UCC Article 2 contracts would apply between Grocery Inc. and their vendors;
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both parties to contract must give consideration‚ the offer must be serious‚ and clearly stated. The promise Elvis Presley made prior to Jo Laverne Alden prior to his death may be enforceable in court by applying the equity doctrine of promissory estoppel. His promise is not supported by consideration but it would be unfair for his estate not to enforce his promise. Elvis made several gratuitous promises to Mrs. Jo Laverne
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Contracts – MacDougall 2010-2011 Sara Li FORMATION Offer & Acceptance Offer & Invitation to Treat Mere puffs Invitation to Treat Offer Mere puff: no reasonable person would take it as an offer Can the terms of the K (ie offer) only come from one party? * Battle of the forms - last shot/first blow? (Denning in Butler Machine Tool v Ex-Cell-O Corp) * Strict offer & acceptance is reaffirmed in Gibson v Manchester City Council [1979] - only extreme cases might not
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Contracts (C3‚ pg 58) |Nature of contract |- Legal relationship consisting of the right and promises constituting an agreement between the parties that give each party a legal | | |duty to the other and also the right to seek for breach of those duties | | |- Consensus ad idem (meeting of minds); what the parties agree on must be clear and unambiguous and parties must be ad idem. |
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No. Odessa cannot enforce this promise because it was a promise made based on moral obligation. In addition‚ promises based on moral obligation lack consideration and are not enforceable. It was considered a gratuitous promise and it’s unenforceable. 2. There is a theory of consideration in this case. Forbearance as consideration is the theory in this case. William Story II refrained from drinking‚ using tobacco‚ swearing‚ and playing cards or billiards for money after his uncle offered him a large
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y March 2001 Agency Law and Contract Formation ISSN 1045-6333 AGENCY LAW AND CONTRACT FORMATION Eric Rasmusen Discussion Paper No. 323 05/2001 Harvard Law School Cambridge‚ MA 02138 The Center for Law‚ Economics‚ and Business is supported by a grant from the John M. Olin Foundation. This paper can be downloaded without charge from: The Harvard John M. Olin Discussion Paper Series: http://www.law.harvard.edu/programs/olin_center/ March 2001 Agency Law and Contract Formation
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Question 1 Base on 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
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essay will discuss the Case study by firstly identifying four elements of contract‚ then justifying duties of Mr. Martin with applying the principles of pre-existing contractual duties. Finally a discussion about part payment of debt and promissory estoppel will be explained. Likewise‚ this essay will evaluate the knowledge of common law and agency relationship. QUESTION 1 a) Four essential elements of a contract should be Offer‚ Acceptance‚ Intention to create legal relations and Consideration.
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