goods ADVISE in relation to Offer and Acceptance if an agreement has been formed. Key Issues Was there an Invitation to Treat? Who made the Offer? Who made the acceptance? Does Postal Rule Apply? Revocation of Offer First Issue: Was there an Offer? Who is the offeror? In the given case‚ the quotation sent by Sam to Bob on Tuesday is not an 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
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A. Known Facts John wanted to extend his house and built an office from there. He approached Sue after locating an advertisement from the Yellow Pages. As Sue’s price did not seem reasonable‚ John then approached Drawit Pty Ltd‚ which charged a hundred dollar less. John paid a deposit. Later‚ John went to Franks Hardware and Timber Yard. He made known to Frank‚ the sole proprietor‚ the purpose and requirement of the materials and placed an order. John signed a standard form contract
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[1] 1. NEWSPAPER ADVERTISEMENT The newspaper advertisement is not an offer but an invitation to treat. In Boots v Pharmaceutical Society of Great Britain‚ it was decided that ‘a contract is not completed until‚ the customer having indicated the articles which he needs‚ the shopkeeper‚ or someone on his behalf‚ accepts that offer.’ The items on the shelf of the ‘self services’ shop were treated as offers to treat. This decision was due to the nature of the shop. It is not only inconvenient but also
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Rules of consideration 1. The consideration must not be past. Re McArdle (1951) Ch 669 Majorie McArdle carried out certain improvements and repairs on a bungalow. The bungalow formed part of the estate of her husband’s father who had died living the property to his wife for life and then on trust for Majorie’s husband and his four siblings. After the work had been carried out the brothers and sisters signed a document stating in consideration of you carrying out the repairs we agree that the executors
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Commercial Law Questions 1 What is meant by the terms "void" and "Voidable"- give examples quoting relevant case law. Void = is where there is no contract and never did exist in the first place‚ and a third party has no rights at all under a void contract. Case law: J Loudon & Co v Elder’s Curator Bonis. Voidable = is where a contract is valid until the court sets it aside‚ and a third party has good title if contracted before the contract being set aside or reduced by the courts. (The timing
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between two parties for a contract to be formed. All parties should agree and adhere to the terms and conditions of an offer. The following cases illustrate ways in which all contracts are agreements; In the case of invitation to treat‚ where an invitation to treat is merely an invitation to make an offer. When a firm’s offer is accepted it results into a contract provided other elements of contracts are accepted. Considering person A buying a radio on hire purchase from person B who deals with electronics
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Contract Law – Formative Assessment Alex would be suing Betty for a breach of contract. He would only succeed if he’s able to prove that a contract was in place. A contract can be defined as “a written or spoken agreement that is intended to be enforceable by law.” In order for it to be formed‚ agreement must take place and it can be broken down into two elements. Firstly‚ an offer. This can be described as an expression of willingness to contract on clear terms‚ with the intention that it will
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likely to be seen as an invitation to treat‚ which is a preliminary statement expressing a willingness to receive offers. Such was the view held in Partidge v Crittenden. This is differs from an offer since a proposal which amounts to offr is intended to result in contract if the other party accepts is and if it contains sufficiently definite terms to form a contract. The advert does not appear to satisfy wither of these elements. Assuming the advert is an invitation to treat‚ it would follow that
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Case Report Worksheet Case name including citation? Fisher V Bell [1961] 1 QB 394‚ [1960] 3 WLR 919‚ [1960] 3 All ER 731‚ HKSAR V Chow Kwong Chun (unrep.‚ HCMA No 836 of 2001) and HKSAR V Wan Hon Sik [2001] 3 HKLRD 283 were cited in the judgeme Is it a civil case or criminal case? It is a criminal case as Yu Wai Chuen was charged by HKSAR. Who are the parties? The plaintiff (prosecutor) was HKSAR and defendant was Yu Wai Chuen. This was an appeal by Yu Wai Chuen against HKSAR (respondent).
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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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