contract law are unclear with regards to company advertisement campaigns. The legal definition of misleading advertisements is undefined within the current Queensland Legislation‚ with businesses being unsure with how misleading differs from invitation to treat and puffery. This speech will therefore assess these legal terms‚ discuss how the punitive damages are inconsistent between cases and portray how the punishments aren’t deterring companies from producing misleading advertisement campaigns. Therefore
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similar and different from a traditional auction‚ it was found that a contract may exist between vendor and ebay‚ between ebay and buyer and between vendor and buyer. The justice also found that the defendants claim to only have created an invitation to treat was unjustified on the grounds that the bid met the time period‚ the minimum bid‚ the plaintiff was the highest bidder and didn ’t impose a qualification on the bid. It is for these reasons that the judge found a binding contract between the
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adhering to rules. 1. Offer Offer is a definite agreement made with intention to be bound when offer is fully accepted by both parties. Vague offers are usually not good enough to be taken into considerations for a contract to be bounded. There is a need to distinguish and differentiate between an offer and invitation to treat. Invitation to treat is defined as an invitation to someone to make an offer for a product or service. There was once a case where the offeror offers to buy the horse if it
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Table of Contents Question 1 1 1.1 Introduction 2 1.2 Offer 2 1.3 Counter offer 4 1.4 Option contract 4 1.5 Acceptance 5 1.6 Postal Rule 5 Question 2:. 7 2.1 What is Judicial Precedent? 7 2.2 Hierarchy of Precedents 8 2.3 Limitations and Types of Judicial Precedent 9 2.4 Advantages and Disadvantages of Judicial Precedent 10 2.5 Contributions of Judicial Precedent 12 3.0 References 14 Question 1 On 13 September‚ Fiona‚ a newly qualified dentist‚ receives the following
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existence of the core elements of offer‚ acceptance‚ and consideration will not guarantee a legally enforceable contract”. Discuss. A contract is an agreement which normally consists of an ’offer ’ and an ’acceptance ’ and involves the ’meeting of the minds ’ or consensus between two or more parties with the intention to create a legally enforceable binding contract. Therefore in this essay‚ the four core elements needed for the formation of a contract such as offer‚ acceptance‚ and consideration
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that exists between two or more parties to do‚ or abstain from performing certain acts. A contract can also be defined as a legally binding exchange of promises between two or more parties that the law will enforce. For a contract to be formed an offer made must be backed with an acceptance of which there must be consideration. Both parties involved must intend to create legal relation on a lawful matter which must be entered into freely and should be possible to perform. An agreement is a form
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THE LAW OF CONTRACT IN GHANA (These notes have mainly been culled from Mrs. Christine Dowuona Hammond’s seminal work on the Law of Contracts.) INTRODUCTION Contracts are made by people every day‚ whether the parties recognise it or not. Each time one spends money on anything – a bus ticket‚ an airline ticket‚ a pair of shoes‚ a meal in a restaurant‚ laundry services‚ books‚ or signs a lease‚ etc. one concludes a valid and legally binding contract. Contracts may be oral or written;
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4 OFFER / PROPOSAL Definition S. 2(a) Contracts Act “When one person signifies to another his willingness to do or to abstain from doing anything‚ with a view to obtaining the assent of that other to the act or abstinence‚ he is said to make a proposal.” 5 OFFER / PROPOSAL (continue..) Something which is capable of being converted into an agreement by its acceptance. A definite promise to be bound provided certain specified terms are accepted. 6 OFFER / PROPOSAL
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and obligations enforceable in a court of law. There are three essential elements that must be proven to establish a contract. The first element that must be established is whether or not there was an agreement between the parties. There must be an offer proposed by on party‚ and acceptance by the other. The second element is whether or not there was the intention to create legal relations. Each party must intend to create legally enforceable obligations in the form of a contract between one another
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be enforceable‚ courts generally require three things: mutual assent (agreement to the contract terms)‚ a valid offer and acceptance‚ and consideration. Consideration in law is one of the three main building blocks of a contract. It can be anything of value‚ which each party to a legally binding contract must agree to exchange if the contract is to be valid. If only one party offers consideration in contract‚ the agreement is not legally a binding contract. In its traditional form‚ consideration
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