in this problem is whether the acceptance of the offer by Shum is made before communication of the revocation by Tam. A statement of sales offering to a specific person by one body is considered as an offer. In this case‚ Tam has sent a letter to Shum offering to sell him a quantity of household goods for HK$10‚000. Therefore‚ an offer by Tam has been made on 15th January. (the date that Shum receives Tam’s letter). According to The General Rule‚ an acceptance must be communicated to the offeror
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between Iris (“the offeror”) before deciding on the likely outcomes for the parties. A proper contract constitutes an offer‚ an acceptance‚ the provision of a consideration of value and parties’ intention to legal relations. There was no depute as to the presence of a valid offer because Iris did indeed make an offer to sell the piano for a specific price and its terms i.e. keeping the offer open for Diana till noon on Saturday‚ were communicated to Diana. In return‚ Diana had also put up her consideration
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Melissa act as a promisee. Adrian had made an offer to a specific person which is Melissa. Hence‚ only Melissa can accept the offer that made by Adrian. Thus‚ when the offer is accepted by Melissa‚ it becomes a bilateral contract (agreement that involve two person or groups). The offer that made by Adrian to Melissa in this scenario is made expressly which is made in word. Adrian had sent an offer letter to Melissa on 1st November 2015 to sell his car. The offer letter that Adrian sent is in written format
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elements to form a contract is offer‚ acceptance‚ consideration‚ intention to create legal bound‚ capacity to contract and legality of promise. * An acceptance of an offer will create an agreement. * However‚ not all agreements are recognized as contracts. * Agreements with no intention to create legal obligations will not create a contract. * In order to create blinding agreement acceptance must be final and unconditional. Body Paragraph 1 * Acceptance is a clear and undoubted
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above-mentioned is being supported in the case of Chappell v Nestle‚ where A offers B a book which is of some value‚ consideration takes place. (b) An offer is a willingness to be bound to a contract on certain terms‚ made with the intention that it shall become binding as soon as it is accepted by the person. The party making an offer to another party is called the offeror. The offeree is party to whom the offer is made. The above-mentioned is being supported in the case of Preston
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open public‚ in order to invite the eventually buyers. In auctions‚ the bids themselves are the offers‚ each bidder making an offer to buy‚ which then is accepted by the auctioneer bringing down his hammer. According with what the judge decided in Harris v Nickerson (1873)‚ "an advertisement that an auction is to take place at a certain time is a mere of declaration of intention and is not an offer which those who attend at the specified time thereby accept".(Elliot‚et al‚2011‚p.13) Under the
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I will discuss mainly two things; formation of a contract between two parties‚ the offer and the acceptance. I will report on their relevance for each of the 3 parties involved‚ finally I will give legal advice to Chuck (offeror)‚ Arnold and Sylvester (offerees). First we must distinguish whether Chuck’s advert was an invitation to treat or an offer. An example of a case involving an advertisement as an offer was Carlill v Carbolic Smoke Ball co. [1] This case involved an advert where Miss
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competent parties in which an offer is made and accepted‚ and each party benefits. No contract can come into being unless the following features exist: an actual offer‚ an acceptance‚ consideration (this means that each party will contribute something of a material value to the bargain) and an intention to create legal relations. The agreement can be formal‚ informal‚ written‚ or just plain understood. (a) For a contract to exist the offer must be made and then accepted. An offer may be defined as a statement
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Formation of Contracts Introduction An offer is the first step in the formation of a contract. It is something that creates a power of acceptance. It is a proposal made by one party to another to enter into a legally binding agreement with her. In Acme Grain Co. v. Wenaus‚ 1917‚ it was observed: ... To constitute a contract‚ there must be an offer by one person to another and an acceptance of that offer by the person to whom it is made. A mere statement of a person’s intention‚ or a declaration
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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 become a binding contract when it has been accepted. The second is acceptance‚ which can be defined as the unqualified expression of assent to the terms of an offer. Betty placing an advertisement in the Ealing advertiser for her BMW is clearly
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