In the given question the issue is whether there is a binding contract between Gerard and Reg. A contract can be defined as a voluntary assumption of obligation .In order to establish a contract there must be an offer followed by an acceptance. In order to see whether the parties have come to an agreement the court would look at the intention of the parties. Intention will be looked at objectively .In applying the objective test the courts consider whether the reasonable person in the other parties’
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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 offers‚ but aren’t always what they
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Offer Proposal is defined under section 2(a) of the Indian contract Act‚ 1872 as "when one person signifies to another his willingness to do or to abstain from doing anything with a view to obtain the assent of that other to such act or abstinence‚ he is said to make a proposal/offer". Thus‚ for a valid offer‚ the party making it must express his willingness to do or not to do something. But mere expression of willingness does not constitute an offer. The rules regarding the offer are The offer
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parties making an offer and its acceptance by the other party. Both offer and acceptance create an agreement. In simple contract should first contain an offer made by one party to the other. What is an offer? As per Sec 2(a) of the contract act “When one person signifies to another his willingness to do or abstain from doing anything‚ with a view to obtaining the assent of that others to such act or abstinence is said to make a proposal”. The word offer of the English law
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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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In Tender Offer by Wendy Wasserstein‚ little action occurs in that no one dies or screams or cries. However‚ enormous changes take place within the characters. The subtle theme of the play underscores a specific shortcoming in the American lifestyle‚ the need for compassionate communication between a distanced father and daughter. Wasserstein demonstrates that the special ingredient in effective communication is dependent upon mutual understanding. The central conflict here involves the father
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AN UNDERSTANDING OF THE COMPLEX PROCESS OF CULTURE BUILDING IN AN ORGANIZATION AND ACROSS BORDERS – USING THE EXAMPLE OF IKEA BACHELOR THESIS Authors: Emilie Martens (19860203) Tobias Mauelshagen (19810623) Course: IBO 348 – VT 2007 Examiner and Tutor: Richard Nakamura Växjö universitet Ekonomihögskolan 31st of May 2007 ABSTRACT i Abstract Nowadays‚ companies face many difficulties due to the much competitive environment they have to evolve in. Therefore‚ multinational ones
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Imus Institute College Department Case Study Number 1 Bautista‚ Ralph Ephraim I. Mr. Eulogio T. Catalan June 29‚ 2012 Rubatex Corporation manufactures rubber and foams for different types of products. This corporation was bought by American Industrial Partners (AIP). After 3 months of acquisition‚ the company lost $2 million on $68 million sales. The plant of Rubatex Corporation is located in Bedford‚ Virginia
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Wal-Mart Stores: Every Day Low Prices in China Why the ‘Every Day Low Price’ does not work in China? From the cost structure and supply chain management perspective: Rigorous cost control -Compared to many local competitors‚ Wal-Mart is subject to a number of unfavorable fees and charges. Transportation cost is high as import makes up a large proportion of inventory. Opening stores in prime location also increases land and rent lost. The undercapacity of distribution centres also contribute
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Yatie‚ and whether the the offer by Yatie was revoked or not. According to (Miller & Jentz‚ 2010) every contract will involve atleast two parties. That is the offeror and the offeree. The offerer is the party who makes the offer‚ and the offeree is the person to whom the offer is made to. OFFER As per (Clarkson‚ Miller‚ Jentz‚ & Cross‚ 2009) an offer is a promise or commitment to do or not to do a certain thing. And there are three elements for an effective offer to be legally bounding from
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