mutual assent (offer and acceptance)‚ consideration‚ and no viable defenses to contract formation. 1. Is there a valid offer? Offer an offer is the manifestation of a willingness to enter into a bargain‚ in must be done in such a way that another person should understand that his assent to that bargain is invited and will conclude in forming a contract. Pete has to show that Debbie made a promise to him something in exchange for him to do or not to do something than a valid offer will be proven
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Section 4 Contracts Act 1950 – COMMUNICATION WHEN COMPLETE 4 (1) The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made ( ie the acceptor (emphasis added)). 4(2) The communication of an acceptance is complete:- (a) As against the proposer‚ when it is put in a course of transmission to him‚ so as to be out of the power of the acceptor; and(Case Ignatius v Bell and also Byrne v Van Tienhoven) (b) As against the acceptor‚ when it comes
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contract in the situation above. One factor that indicates that the offer has not been accepted is the existence of a counter offer. The principle of acceptance is that the offer must be accepted on the same terms it was made. Mr Wrench offered to sell some property to Mr Hyde for £1‚000 on the 6 June. Two days later Mr Hyde made a new offer to buy the property at a lower price for £950. This was a counter-offer and was rejected by Mr Wrench. Mr Hyde then said he would accept the original
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Andy and Bill? • Invitation to offer in general • Acceptance in terms of offer • Meeting of minds 2.Andy vs. Ciara Significant issues which needs to be considered are as follows :- • Query for more information • Acceptance of the offer 3. Andy vs. Denis • Validity of the contract • Acceptance needs to be communicated. Rules and Application Andy vs. Bill 1) Invitation to offer in general – The argument here to be discuss is whether there is a valid offer and acceptance to satisfy the conditions of
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27. The posting rule applies only to acceptance. Other contractual letters (such as one revoking the offer) do not take effect until the letter is delivered‚ as in Stevenson‚ Jacques & Co v McLean (1880) 5 QBD 346. The implication of this is that it is possible for a letter of acceptance to be posted after a letter of revocation of the offer has been posted but before it is delivered‚ and acceptance will be complete at the time that the letter of acceptance was posted—the offeror’s revocation would
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contract regarding offer acceptance states that in order to form a contract‚ the acceptance must be unconditional (Black 2011) . Counter-offer is a response to an offer which‚ while not expressly rejecting the offer‚ seeks to qualify it by deleting some of the terms. The example of counter-offer effect is Wolf and Wolf v Forfar Potato Co Ltd (1984) case. A potato merchant in Scotland made an offer by telex to sell products in international market. A merchant in Netherlands accepted the offer‚ but with some
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never was an offer made by the Council. The Council’s letter stating that it ‘may be prepared to sell’ was merely an invitation to treat. Offer: Offer should to be clear and certain. James replied‚ “I will sell you the ten television sets for £2500.” Here James statement was clear and certain. So it is an offer. According to Carlill v Carbolic Smoke Ball Co. (1893): The advertisement in this case was held to be a unilateral offer because there was a clear prescribed act. An offer needs to be
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Part 1 THE FORMATION OF A CONTRACT There are five basic requirements that need to be satisfied in order to make a contract: ● An agreement between the parties (which is usually shown by the fact that one has made an offer and the other has accepted it). ● An intention to be legally bound by that agreement (often called intent to create legal relations). ● Certainty as to the terms of the agreement. ● Capacity to contract. ● Consideration provided by each of the
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from encumbrances) * It must be known and specific by address‚ description or specification e. Contract (offer and acceptance) 2 necessary conditions: i. A pledge becomes a concluded contract by the offer and the acceptance of the pledgor and pledge. The offer and acceptance must be absolute and in definite and decisive language. ii. The acceptance must agree with the offer. Other features relating to the pledged property are as follows: 1. One pledge may be exchanged for another
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elements – offer‚ acceptance‚ consideration and intention to create legal relations. Homer enquired about the price of corn grains from KK‚ whom quoted $0.50/kg. This is a provision of information for information regarding price of the corn grains if KK intended to sell. Also‚ KK’s response had no intention to get into an agreement upon providing the information hence statement is not an offer: Harvey V Facey - Therefore‚ when Homer mentioned “sounds like a
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