BUSINESS LAW ESSAY PLAN ➢ Acceptance must be communicated to be effective. ➢ Where the parties contemplate acceptance by mail‚ acceptance will be complete as soon as the letter is properly posted. Postal rule definition ➢ Actual communication versus constructive communication ➢ Actual acceptance (real) versus constructive acceptance (postal rule) (Graw p.89) ➢ Contract is an agreement which the law enforces. ➢ Contract law is the basis of business law ➢ Two main sources:
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unknowingly formed an agreement with Emma for the sale of his car‚ prior to accepting an offer and selling his car to Andy. He is fearful he may be in breach of contract. The following law(s) apply in this case: invitation to treat‚ willingness to be bound‚ recognizing an offer‚ termination of an offer and acceptance LAW Advertisements such as peters‚ offering goods for sale from his car window‚ are not considered offers but an invitation to treat. This is a starting point for negations to begin‚ with
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cannot be accepted as it is not an offer. (Gibson v Man city). If this is the case than there is no contract and L is not entitled to claim damages. However‚ because the content of L letter is not readily available‚ the facts presented suggest that it was an offer to purchase M van for £ 3500. 2. Following the decision in Day Morris associates v Voyce (2003)which emphasized that acceptance must be a mirror image of the offer. Therefore‚ a valid contract existed as offer and accepted was made (storer
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binding contract. However‚ an invitation to treat is merely a supply of information (eg. an advertisement) to tempt a person into making a proposal. It is important to differentiate a proposal which will consequently lead to binding obligations on acceptance. On the other hand an "invitation to treat" is a mere suggestion of a readiness to deal or trade. In essence‚ an invitation to treat is a preliminary approach to others inviting them to make a proposal which can then be accepted or rejected. For
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University of Macau BBEL 230 –Business Law I Macau‚ 28 March 2010 MID-TERM EXAM (Part I) |Write your full identification‚ Western name and section. | |Only the legislation‚ without any forbidden notes‚ can be used. | |Dictionaries are allowed.
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trolley. Definition of Offer Based on Malaysian law Act 136 Contract Act 1950 an offer or proposal under Section 2(a) of the contract Act 1950 mention that when one person signifies to another his willingness to do or to abstain from doing anything‚ with a view to obtaining the assent of the another to act or abstinence‚ he said to make a proposal. An offer is made when one party makes it clear‚ by words or actions that he is prepared to be bound as soon as the offer is accepted by the person
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there were not any contracts between them.[2] d) Mrs. Donohue did not have any contracts with anyone. Stevenson did not make any offer to her‚ which meant that the first basic element of a contract between two parties‚ an offer‚ was missing. Thus‚ it also meant that between Stevenson and Donohue‚ there were none any of the rest elements which are acceptance‚ consideration‚ and the intention to be legally bounded. In fact‚ Donohue was not even the one who bought the drink. Her friend bought
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valid contract formed. As per Lord Wilberforce in The Eurymedon‚ an enforceable contract would have to consist of a valid offer and agreement‚ consideration‚ an intention to create legal relations and there has to be no vitiating factors. The first issue would be as to whether there was an offer on the advertisement regarding the job of the PR officer. We may dismiss it as an offer and instead it should be merely an invitation to treat. This was established in the case of Patridge v Crittendon. This
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establishment of a legally binding contract based on the intention of the parties via advertisements. However‚ the formation of contracts is not solely based on the intentions between parties. After the invitation to treat‚ there should be an offer and acceptance‚ intention to create legal relation‚ consideration‚ capacity‚ legality‚ possibility and certainty‚ and only when both parties have fulfilled all these requirements would a traditional binding contract be formed. Therefore‚ would a contract
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horse. The uncle commenced with proceedings against the auctioneer for conversion. The action depended upon whether a valid contract was made between the nephew and the uncle. Since there was no acceptance of the contract‚ the court decided that Felthouse did not have any ownership over the horse. Acceptance between the parties should be communicated loudly and clearly and cannot be imposed because of no response from one of the parties. The uncle is not entitled to impose a sale through silence whereby
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