Firstly it is evident that Yatie’s serious intention as she requested a written acceptance from Tina‚ as an objective aproach. If we look in to the case of Lucy v. Zehmer‚ 196 Va. 493; 84 S.E.2d 516 [1954]‚ the parties signed a document which was for the sale of land and it was binding. Similarly in this case the intention to create legal relations is evident from the Yaties request to Tina to send a written acceptance. Secondly it has clear terms (to supply handcrafts) of what they are going to
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What are the modes of acceptance recognised under the Contracts Act 1950 (Revised 1974) and common law. Support your answers with reference to decided cases. An acceptance must be communicated for it to be effective and valid. The mental assent of both parties is not required but the external manifestation should exist. The acceptor must dos something in order to notify his acceptance. For example‚ he should communicate his acceptance of the offeror. This can be illustrated
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Offer and acceptance | Contract law | Part of the common law series | Contract formation | Offer and acceptance · Mailbox rule Mirror image rule · Invitation to treat Firm offer · Consideration | Defenses against formation | Lack of capacity Duress · Undue influence Illusory promise · Statute of frauds Non est factum | Contract interpretation | Parol evidence rule Contract of adhesion Integration clause Contra proferentem | Excuses for non-performance | Mistake · Misrepresentation
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Contract Law- Offer and Acceptance Enforcement of promises Criteria: 1. Offer and corresponding Acceptance 2. Consideration 3. Intention to create legal relationship 4. Certainty I. Formative elements – will theory of K Offer - an expressionof willingness to contract upon certain terms – binding upon acceptance Requisites: (a) Offer will become binding upon acceptance; and [may be prepared to sell] (b) Nothing further remains to be done If no an offer‚ what
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Acceptance Sampling Acceptance sampling has traditionally been a partner of statistical process control and control charts in the area of statistical quality control. Products are shipped around in batches or lots‚ and the idea behind acceptance sampling is that a batch can be declared to be satisfactory or unsatisfactory on the basis of the number of defective items found within a random sample of items from the batch. Thus acceptance sampling provides a general check on the “quality” of the items
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REPORT ON CAPESIZE PURCHASE FOR OCEAN CARRIERS Introduction The purpose of this report is to evaluate whether Ocean Carriers Inc. should immediately commission a new capesize carrier that would cost $39 million‚ and would be completed two years hence‚ in order to finalize a lease of the ship for a three-year period with a potential charterer in very good faith. The contrasting tax regulations between the two countries where the company locates its office‚ and the different cost-benefit circumstances
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Client profile The client we have chosen is a college going girl from the national capital New Delhi. Aged between 18-21 years‚ belonging to a higher middle class family. Being a college going girl she tends to be more playful by her nature. She likes to roam around the shops and look for da new arrivals. She gets good pocket money and spends the half of it on clothes‚ and rest on other expenses. Her style of dressing indicates that she is no religious view for her dressing n likes to wear all
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students to a client acceptance decision that includes consideration of both significant positive and negative client acceptance issues. The case has been designed to present a non-trivial acceptance decision‚ making class discussion more rich and interesting. The case is intended to go beyond the standard textbook treatment of the client acceptance decision by illustrating the subjective nature of the process and stimulating discussion of the issues affecting this important decision. The case can
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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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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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