Agency refers to a consensual bilateral agreement whereby one party‚ the principal authorizes another‚ the agent‚ to exercise decisions on his behalf‚ usually with a third party involved. In this particular case Duncan is deemed to be the principal‚ Fred the agent and the plumber the third party. There are many rules when it comes to the creation of an agency contract‚ mainly the principal must be in existence during time of agreement and he must also know and authorize the agreement. If an agent
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Did Jim and Laura Buy a Car? Tracie Lewis Professor Ericka Harden Business Law I February 11‚ 2018 A contract is an agreement that is either spoken or written and is enforceable by the law. For the contract to be valid and binding‚ several elements must exist. Execution‚ mutual promises‚ parties‚ and terms of performance are the factors that must exist. There also must be an offer‚ consideration‚ acceptance‚ and mutuality for a contract to remain legally binding and helpful on instances
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Sample case summary of Carlill v Carbolic Smoke Ball Co [1892] 2 QB 484 Prepared by Claire Macken Facts: • Carbolic Smoke Ball Co (def) promises in ad to pay 100 pounds to any person who contracts flu after using smoke ball. • Carlill (plaintiff) uses ball but contracts flu + relies on ad. Issue: Was there a binding contract between the parties? - A contract requires notification of acceptance - Did Mrs Carlill notify Carbolic of the acceptance of the offer? - Did Mrs Carlill provide
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Considering Elvis Abstract A contract is formed when the offerer promises to do or not to do something. Acceptance is the offeree agreeing to do what is requested in the offer. An offer may end in several ways‚ in particular‚ by the death of the offerer or offeree. In order for the agreement to be effective both parties to contract must give consideration‚ the offer must be serious‚ and clearly stated. The promise Elvis Presley made prior to Jo Laverne Alden prior to his death may be enforceable
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Illusory Promise | You be the Judge Case Study An illusory promise sounds like a promise or commitment‚ but is not really a promise or commitment to do anything. Because it does not bind the maker to do anything‚ it may not be treated as consideration to establish a contract. Culbertson v. Brodsky Culbertson had listed real estate for sale. Brodsky & Culbertson signed an option contract. Option document: - Brodsky delivers $5‚000 check to bank; - Bank holds
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Suman Siva Prof. Jeong Chun Phuoc 012014111647 Assignment 2 – Weekly Case Law Critique WEEK 1 CASE LAW ON CARLILL V CARBOLIC SMOKE BALL (1893) Issue 1. Was the advertisement by Carbolic Smoke Ball Co. a contract with the whole world? 2. Was the advertisement by Carbolic Smoke Ball Co.‚ rewarding 100 pounds to any person who uses the product (smoke ball) as directed for a given period and still get contracted to influenza‚ colds or other diseases a "mere puff"/ “nudum pactum” ? Analysis From my
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Material facts The Carbolic Smoke Ball Company made a product that it claimed could protect the user from contracting influenza. The Company published advertisements claiming that it would pay £100 to anyone who got sick with influenza after using its product according to the instructions set out in the advertisement. Specifically‚ they stated: £100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza‚ colds or any disease caused
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1. Under the theories of obligation and performance‚ and given that Allison wants to keep the car‚ what can she do? The applicable law is governed by the UCC under express warranty. “An express warranty is a statement of fact or promise of performance relating to the goods that becomes a basis of the buy’s bargain” (Twomey and Jennings‚ 2014‚ p. 518). Since Alice wants to keep the car‚ Bill has an obligation of good faith under the UCC concerning the performance of the contract. Under
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Wheeler vs. Jennings Tamera Besser Grantham University Wheeler vs. Jennings What constitutes a breach of contract? Under the Merchant’s Firm Offer‚ “a firm offer exists if a merchant gives assurances in a signed writing that his or her offer will remain open. A firm offer is irrevocable without the necessity of consideration for the stated period or‚ if no definite period is stated‚ for a reasonable period (neither to exceed three months).” In this case Jennings stated
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Assignment on the case of Carlill vs. Carbolic Smoke Ball Co. Ltd a) Explain whether there was any contract made between Carlill and Carbolic Smoke Ball or not? Give reason. Yes‚ there was contract made between Carlill and Carbolic Smoke Ball Co. Ltd. The advertisement was placed in newspaper and said that the smoke ball product would prevent influenza if the buyers used it as directed and in spite of this if the buyer catches influenza than the company would give £100 to the user
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