enforceable agreement. A legally enforceable agreement‚ or a contract‚ can be broken down in to five elements; offer‚ acceptance‚ consideration‚ capacity to contract and intention to create legal relations. In this scenario there doesn’t appear to be an issue with capacity to contract and intention to create legal relations‚ so we can assume that they are both satisfied. The issues concerning this scenario are the concept of an offer‚ acceptance and consideration. When looking at the issues and assessing
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Introduction Offer and Acceptance Introduction: For a contract to be legally binding there needs to be 4 ingredients: 1. Offer 2. Acceptance 3. Intention to create legal relations 4. Consideration Building on this‚ in order to prove that a contract is legally binding 5 things need to be proven: 1. That an agreement has been reached. This is usually done by demonstrating that one of the parties has made an offer which the other accepted. 2. The agreement has been
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Because sometimes parties forget‚ or get confused about their intentions at the time the contract was negotiated. Parties may not mean what they say. Promotes certainty and reasonable reliance. (parties will be able to rely on the terms‚ parties can be insured‚ protected.) Exceptions: sometimes‚ we do look at it subjectively. Looking at it subjectively: concerned with what the two parties themselves thought they got themselves into When the offeree knows the offeror is mistaken as to the terms
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1. OFFER: 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
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posted a reply accepting the offer. At 6pm on Friday he changed his mind and telephoned Alice. Alice was not there but her telephone answering machine recorded Bill’s message stating that he wished to withdraw his acceptance. On Monday Alice opened Bill’s letter‚ which arrived that morning‚ and then played back the message on the machine. Advise Alice.’ Introduction Begin by exploring what topic the question is talking about so in this case the question is talking about how Bill has revoked his acceptance
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• Agreement (Offer and Acceptance) • Consideration • Intention to create legal relations All three scenarios are supported by “consideration”. The general idea of consideration is that contracts involve an exchange in which both parties give something in exchange for the promise of the other. John offers his car in exchange for 10000 euros from Patrick. As the last two steps involved in a contract are met we only look at the agreement‚ if there is an offer and an acceptance
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Yatie‚ and whether the the offer by Yatie was revoked or not. According to (Miller & Jentz‚ 2010) every contract will involve atleast two parties. That is the offeror and the offeree. The offerer is the party who makes the offer‚ and the offeree is the person to whom the offer is made to. OFFER As per (Clarkson‚ Miller‚ Jentz‚ & Cross‚ 2009) an offer is a promise or commitment to do or not to do a certain thing. And there are three elements for an effective offer to be legally bounding from
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white knight. She offers Lisa a tender offer better than the white knight’s offer. This seems to cool down Lisa as they now converse on a much lighter note Lisa. The resolution of this anticlimax comes when Paul stands and begins to sing “Nothing could be finer than to be in Carolina‚” the same song Lisa was singing at the beginning of the play. This brings about the resolution of the conflict inherent at the beginning. The main characters talks about in the play‚ “Tender Offer” are Lisa who plays
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Requests and Permission: may‚ can‚ could‚ will‚ would Requests Requests in English are usually made in the form of general questions with the help of the modal verbs MAY‚ CAN‚ COULD‚ WILL‚ WOULD. Requests are pronounced with rising intonation. Adding "please" to a request makes it more polite. As a rule‚ polite requests are not asked in the form of negative questions. The modal verbs MAY‚ COULD‚ WILL‚ WOULD are used in making polite requests in speech and writing‚ in communication
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applies. In the case of Quenerduaine v. Cole it stated where an offer was made by telegram and acceptance by post‚ it was not seen as reasonable that the postal rule should apply and therefore the acceptance took effect on receipt. This links closely to the case of Susan and Manesh as the issue is whether the postal rule applies. Although there was a firm acceptance of the offer‚ the fault came at the post office. Due to the fact that the offer was by email and the acceptance was by post‚ using the case
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