Legal Issue: Is an agreement between two parties enforceable by law 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
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When doing a business‚ a contract is usually needed. Since a contract is an agreement‚ therefore‚ for a contract to exist‚ the parties must assent to the transaction. Assent usually takes the form of offer and acceptance. An offer is defined by Treitel as "an expression of willingness to contract on certain terms‚ made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed"‚ the "offeree". In addition‚ an offer is a statement of the terms
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established the postal rule which stated‚ acceptance is effective on posting‚ this means in some situations where a letter of acceptance was by post‚ the acceptance will be effective at the time and place of posting even if the offeror has no knowledge of this. The issue in the case of Susan and Manesh is whether the postal rule 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
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Essential elements of a valid contract Introduction: In this part of my assignment I will be detailing what the different elements of a valid contract are whilst also linking it in with my own contract. The contract I have decided to use is my mobile phone contract from Vodafone. The offer: In contract law the offer is where a person will accept the invitation‚ for example in my contract the offer would be when I offer to bind into their contract and purchase a mobile phone deal‚ and this
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Without offer and acceptance there can be no contract and so it is essential that the law provides rules to identify what constitutes both an offer and an acceptance. An offer may be defined as a statement of willingness to contract on specified terms made with the intention that‚ if accepted‚ it shall become a binding contract. An offer may be express or implied from conduct. In many cases it is crucial to determine when and where a contract is actually formed and this too needs rules. In the vast majority
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My personal governing values and personal ethics code are based on what I truly believe to be right and true. With commitment and strength of mind‚ I propose solid values that will help drive my goals and activities through the road of success. Physical Health: * Value: * I will remain fit both mentally and physically year long. * I will maintain a constant balance-diet to sustain a healthy appearance. * I will continue to exercise to keep increasing confidence and self
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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. Define the term revoke his acceptance. Main Body Argument for the point that there is a contract that has been bound:
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An ‘invitation to treat’ refers to a term in contract law. Importantly‚ it is not the same as an ‘offer’ and it is crucial to distinguish between the two concepts. In order for a binding contract to be formed‚ there must be an ‘offer’ and an ‘acceptance’ of that offer. An invitation to treat is sometimes mistaken for an offer. There are many similarities between an invitation to treat and offer‚ so making the distinction can be difficult. If the validity of your contract turns on this distinction
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For a Simple contract to be valid one party must make an offer and the other accept it (see: Acceptance of offer). The offer will usually indicate the form the acceptance should take (e.g.‚ in writing‚ by post)‚ and may indicate when the acceptance will be deemed to have occurred (e.g.‚ on delivery of the posted acceptance‚ see: Acceptance of offer by post). In seeking to prove that a contract was in existence‚ it will be necessary to show that there was a definite offer. Certain things look like
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anonymous Freedom of Self-Acceptance There is a time and place in this world where we may feel that we do not belong. Have you ever experienced this type of moment? For example‚ your first day of school when you do not know anybody and you are timid because you see people who are not alone or going to an occasion with a lot of guests and the only way to fit in the crowd is to be a part of it‚ but it isn’t always so easy. In a memoir‚ Stealing Buddha’s Dinner by Bich Nguyen‚ writes about her family
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