Room101 Building 57‚ Shanghai 201000 December 12‚ 2012 Harvey Specter Marketing Manager Kentucky Fried Chicken 23F‚ Grand Gateway Tower1‚ 3 Hongqiao Road Shanghai 200030 Dear Mr. Specter: I am a member of a team City Harvest currently working on the charity ‘People in Need’. I am contracting you because we would like to invite you to attend this event. As one of the most influential and well-known chain fast food restaurants in China‚ KFC is capable of being more enthusiastic about
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In the given question the issue is whether there is a binding contract between Gerard and Reg. A contract can be defined as a voluntary assumption of obligation .In order to establish a contract there must be an offer followed by an acceptance. In order to see whether the parties have come to an agreement the court would look at the intention of the parties. Intention will be looked at objectively .In applying the objective test the courts consider whether the reasonable person in the other parties’
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complete and promissory (Do and Duperouzel‚ 2014). For instant‚ in Harvey v Facey [1893] AC 552 case‚ Harvey and Facey discussed about a possible trade of the Bumper Hall Pen using telegram. Harvey asked Facey to sell him a Bumper Hall Pen and would pay for the lowest cash price. Facey then replied the lowest cash price which was £900‚ also by telegram. Harvey agreed to that price but Facey refused to sell‚ which led to him being sued by Harvey‚ thought that they had agreed on a contract with that price
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Ben has contacted Ting in the subject matter of identifiable object GTX which Ting had inspected two days ago‚ he clearly mentioned terms and conditions i.e. $30‚000 cash and showed an intention to be bound by these terms and conditions 1(Harvy v Facey‚ Graw 6th ed‚ pg 41). 2. MERE INQUIRY: Ting didn’t accept or reject Ben’s offer and inquired about the spare parts which is infact a mere inquiry rather than counter offer as Ting has not put forward any new terms to Ben’s offer in same subject
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willingness to fulfill the terms of the offer if it is admitted (Duperouzel 2014). The case of Harvey v Facey [1893] AC 552 has shown the characteristic as a request for information and also the supply of information. In the case‚ a telegram which asked for the willingness to sell the Bumper Hall Pen was sent by Harvey to Facey. Harvey also requested that Facey to send a telegram with the answer of lowest cash price. Facey then reply a telegram stated the lowest price of Bumper Hall Pen is £900.
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Harvey vs Facey. Harvey sent a telegram to Facey starting ‘Will you sell us Bumper Hall Pen? Telegraph lowest price’. Face replied‚ “ Lowest price 900 POUND. Harvey telegraphed back‚ “ We agree to buy for 900 Pound.’ Face declined to sell and Harvey brought the matter to court. The court held that Facey’s reply was not an offer to sell for 900Pound but was only merely furnishing information which later may or may not be used in negotiations leading to sale. Patridge vs Crittenden Patridge inserted
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I) INTRODUCTION In accordance to Section 2 of the SGA 1957‚ the definition of goods is “every kind of movable property other than actionable claims and money and include stock and shares‚ growing crops‚ grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale”. As such‚ goods are generically used to refer to commodities or items of all types‚ excepting services‚ said items usually being involved in trade or commerce. SGA
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Chapter 1 INTRODUCTION Objectives of Report * To get an idea about the law structure of Sri Lanka * To study about contract law * To get an idea about the low governing offerer and acceptance in Sri Lankan Law. Methodology * Library and Internet research Colonial History and the Law Sri Lanka‚ formally known as Ceylon‚ is a multi-ethnic and multi-religion island nation in the Indian Ocean‚ near the southern coast of India. The ethnic and religious diversity of the nation‚ and
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accepted his offer from advertisement. Except manufacturer * Exception- offer of a unilateral K(Carlill) e.g. Machines in car park - this is an offer – because it is ready to receive money. Harvey v Facey – Facey provided the least price that she would like to receive but not an offer to Harvey Harris v Nikerson- The adverstisement only showed the intention of Nikerson Bilateral K- Purchase of tissues from Boots - obligation arise from the outsets upon both parties Clm’s- pay ; Boots’-
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1. What are the principles under the doctrine of binding precedent? When it comes to deciding on case‚ judges do not decide solely on their own. They are bound to follow certain accepted principles which are commonly known as “the doctrine of binding precedent”. The doctrine of binding precedent required that “like cases decided alike”. If a case now before the court has facts and raises issues similar to those of a previously decided case‚ then the present case will be decided in the same way
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