act or abstinence‚ he is said to make a proposal”. Under the Contract Act 1950‚ a proposal is something which is capable of being converted into an agreement by its acceptance. Moreover‚ merely giving information is not an offer. For example of Harvey v Facey (1893) case‚ P telegraphed D – “Will you sell us Bumber Hall Pen? Telegraph lowest cash price.” D replied‚ “Lowest cash price £900.” P purported to accept the offer. The court held that price information is merely information. There was no offer
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offer‚ but a mere invitation to treat. The general rule distinguished statement of price from a legally binding offer. Sam ’s quotation of price was an attempt to invite Bob to make an offer to purchase the equipments. This fact is discussed in "Harvey v Facey"‚ with the court found a mere statement minimum price does not contribute to an implied contract term to the person making an enquiry. The decision was made‚ based on the fact‚ the Defendant was merely answering the Plaintiff ’s enquiry regarding
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Question One a) Article 16 of the Bill of Rights protects the freedom of opinion and expression of everyone. Also according to the Article 27 of the Basic Law‚ “Hong Kong residents shall have freedom of speech‚ of the press and of publication; freedom of association‚ of assembly‚ of procession and of demonstration; and the right and freedom to form and join trade unions‚ and to strike.” This means that the freedom of Hong Kong residents in doing the above acts should not be restricted. So‚ if
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Case study James Price is an Information Technology consultant with specific expertise in website design. His consultancy is doing well‚ but he would really like to gain another client to ensure that he has enough work for the foreseeable future. One Saturday‚ at his brother Anthony’s 40th birthday celebration‚ James is approached by Mark Jackson‚ a store owner‚ who James has met previously at some of his brother’s other social functions. Mark explains to James that he is looking to revamp
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An invitation to treat is an action inviting other parties to make an offer to form a contract. These actions may sometimes appear to be offers them‚ and the difference can sometimes be difficult to determine. The distinction is important because accepting an offer creates a binding contract while "accepting" an invitation to treat is actually making an offer. Advertisements are usually invitations to treat‚ which allows sellers to refuse to sell products at prices mistakenly marked. Advertisements
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Part 1 A contract is an agreement between two or more parties‚ which can be legally enforceable. A contract maybe written or oral‚ although an oral agreement can be difficult to prove in court. In order for a contract to exist it must include four elements‚ that being offer‚ acceptance‚ intention and consideration. (Sweeney & O’Reilly 2007 pg 160). A contract only exists when an offer has been accepted‚ an offer has the intention to be legally binding and the willingness to contract on certain conditions
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is a promise to do or refrain from doing something. - Usually upon condition that the other party agrees to do or refrain from doing something else in return. - Harvey v. Facey Harvey sent to Facey a telegram to buy Bumper Hall Pen. He asks Facey to telegram the lowest price. Facey telegram the lowest cash price £900. Harvey says agree to buy for £900. Principle: Offer is more than a mere supply of information - Offer must show promissory intent - Australian Wooden Mills v Commonwealth
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The Anzac Legacy Bibliography Figure 1: The Location of the Battle of Leane ’s Trench at Gallipoli Figure 2: The Effect of Gallipoli Injuries on Facey N.B. This essay is 987 words‚ excluding references‚ bibliography‚ footnotes and figure labels. Each generation of Australians aims to leave a legacy of value to its descendants. One of the most significant bequests received from a past generation of Australians is the ANZAC spirit‚ which is recognised across the world. While it has been described
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or when companies are invited to tender for a project which would not be valid in the scenario as well. An advertisement in the newspaper with a price quoted would not fall into the category of provision of information as well. From the case of Harvey v Facey
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2nd Assignment: Suggested Answer 1. The legal issue revolving around this case is that whether a valid legally-binding contract has been entered into between David and John‚ and‚ if that is the case‚ whether David is able to sue John for his breach of contract resulting from his sale of the shop to Nancy. In general‚ a legally binding contract is an agreement made between two or more persons‚ by which rights are acquired by one or more to acts or forbearances on the part of the other
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