The process of contract formation explaining the methods by which the courts decides whether or not the parties have reached an agreement. INTRODUCTION To establish whether the parties have formed a contract‚ the courts begin from examining the elements of offer‚ acceptance‚ whether or not there was a consideration or the bargain and the contractual intent to make a binding contract and any other external positive factors. The coincidence of offer and corresponding acceptance results in a contract
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a) An appellant is a person appealing to Higher Court from decision of Lower Court1. In this case‚ Harvey is an appellant appealing to Privy Council. b) A respondent is a person against whom an action is raised. In this case‚ the respondent is Facey. c) The following is taken from the case of Harvey v Facey2. There was a dispute between the two parties over the sale of a property named Bumper Hall Pen. The appellants‚ Harvey and his wife‚ telegraphed Facey a message stating ‘’Will you sell us Bumper
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: Lecturer’s name: The issue in this case deals with invatition to treat ‚ offer ‚ counter-offer ‚ conditional acceptance and acceptance . It also deals with the elements of valid contract. General rule for a binding contract is an offer and an acceptance of the proposal. There must be effective communication to the proposer. It is very important to differeciate a proposal from an invitation to treat. Invitation to treat is a stage of negotiation and inviting others to make an offer. A common
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LAW OF CONTRACT NOTES FOR DIPLOMA STUDENTS The Following are for the Lecture 1. Agreement: is an offer made by one person and an acceptance of that offer by a person to whom the offer is made. The offer and acceptance change their characters and become promises. Refer to Section 2 (1) (e) of the Act. Contract: must be an agreement. The agreement must be enforceable by law. Essential Ingredients: 1. 2. 3. 4. Free Consent Competency or Capacity Consideration Creates Legal relations
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Precedent:Higher Court binds the lower PersuasivePrecedent:Courts of the same level: persuasive LAW OF CONTRACT ELEMENTS:- 1. Offer To be distinguished from ‘invitation to treat’:Advertisement 2. Acceptance 3. Intention to create legal relationship Mere promise for lunch treat is NOT binding 4. Consideration Except: Natural Love & Affection:e.g.Father to Son 5. Certainty 6. Capacity-Sound Mind MINOR
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ASSIGNMENT GRADE: On Monday‚ A proposed to B to buy B’s car for $12‚000 by post. It is primary to distinguish between an invitation to treat and an offer‚ as an offer once accepted creates a legally binding contract in which does not apply to the alleged acceptance of an invitation to treat. Therefore‚ the issue is whether the proposal from A is an offer or an invitation to treat. An offer is defined in Preston Corpn Sdn Bhd v Edward Leong [1982] as an intimation of willingness by an offeror to enter
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accepting an offer and selling his car to Andy. He is fearful he may be in breach of contract. The following law(s) apply in this case: invitation to treat‚ willingness to be bound‚ recognizing an offer‚ termination of an offer and acceptance LAW Advertisements such as peters‚ offering goods for sale from his car window‚ are not considered offers but an invitation to treat. This is a starting point for negations to begin‚ with anyone reading and responding to the advertisement. In the case of Partridge
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DIPLOMA IN BUSINESS ADMINISTRATION PRINCIPLES OF BUSINESS LAW (BA333) ASSIGNMENT TERM ONE 2006 Instruction: • Answer ALL questions. • Marks will be awarded for good presentation and thoroughness in your approach. • NO marks will be awarded for the entire assignment if any part of it is found to be copied directly from printed materials or from another student. • Complete this cover sheet and attach it to your assignment. Student declaration: I declare that: I understand what
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Activity 4 Evaluation Activity 4 Evaluation Stall holders email list It’s fitness for audience and purpose: The stallholders E-mail list was created on Microsoft Access which allows you to create and process data in a database. This email list would help organise the event due to fields present in the data base which gave pertinent information so that the organiser could depict which businesses were useful at the event. The database created had six most useful fields required to aid in the
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to create‚ and be capable of creating‚ legal relations. 3 The terms of the offer must be definite‚ unambiguous and certain or capable of being made certain . 4 An offer must be distinguished from a mere declaration of intention or an invitation to offer or to treat. A mere statement of intention‚ made in the course of conversation‚ does not constitute a valid offer‚ even though
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