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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Business Law: Offer and Acceptance. For a simple contract to be valid one party must make an offer and the other party accept it. An offer is made where a person (the offerer) unequivocally expresses to another (the offeree) his willingness to make a binding agreement on the terms specified by him if they are accepted by the offeree’ (Card 2002). This offer could be made to a specific person‚ in which case it cannot be accepted by anyone other than that individual. On the other hand it could
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interest. Due to the advertisements Howard received two offers‚ one from Simon Scott and another from Clair Wilson. Additionally‚ Howard’s car is needing repairs so he approaches Raffi for a quote. The wording surrounding the price ’I may be prepared to sell the car for $5000’‚ indicates that Howard has created an invitation to treat not an offer. Howard‚ therefore is inviting people to make an offer but has no intention of being bound by that offer unless he chooses
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determining whether there is a contract between them is needed. To form a contract‚ offer‚ acceptance‚ consideration and intention are required. An offer is a definite promise or proposal made by the offeror to the offeree with the intention to be bound by such promise or proposal without further negotiation. An invitation to treat is not an offer‚ but a statement or expression made by a person to invite offers for consideration. With reference to Gibson v Manchester City Council [1979]‚ the Council
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formation of contract including offer‚ acceptance and rejection. The first issue is whether the email sent by Amanda to Tracy on 11 April is an offer or invitation to treat. An offer is a definite promise or proposal to be bound on specific terms and it has to be definite
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Heather Proper Contract Law 07/24/2014 To further develop your skill in identifying and defining the characteristics of offer and acceptance‚ complete the assignment below. Write out the answers to Review Questions 1 through 10 on page 24 of your textbook 1. Define the concepts of precedent and stare decisis. Precedent is prior decisions of the same court or a higher court that a judge must follow. Stare decisis “ Stand by the thing decided” Related to the concept of precedent; Rule that
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Agreement should be occur if there is a proposal or acceptance. According to section 2(a) of the Contract Act 1950‚ proposal can be defined when one person signifies to another his willingness to do or to abstain from doing anything‚ with a view t obtaining the assent of that other to the act or abstinence. For example‚ A says to B that he wants to sell his car to B for certain price with the hope that B will buy his car. Here‚ A is said to make an offer or proposal as the indicates his willingness to
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RM5‚000 for “Hawa”. This is an offer. Offer had be defined in S2(a) Contracts Act 1950 as “when one person signifies to another his willingness to do or to abstain from doing anything‚ with a view to obtaining the assent of that other to the act or abstinence‚ he is said to make a proposal”. Under the Contract Act 1950‚ a proposal is something which is capable of being converted into an agreement by its acceptance. Moreover‚ merely giving information is not an offer. For example of Harvey v Facey
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SAB 330 Week 8 PUBLIC POLICIES AND ECONOMIC ORGANIZATIONS 1) Explain term of “consideration” The "consideration" requirement for creating a Common Law contract requires that both sides of the agreement give consideration. "Consideration" is the giving of bargained for legal value. The "bargained for" requirement means only that the legal value given is that which the other party requested‚ i.e. that there has been some communication about who gives or does what for whom. There is seldom
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methods of forming a valid contract‚ such as by orally promising‚ bidding in auctions (Hirby). In the case of Entores v Miles Far East Co‚ the courts held that the offer and the acceptance can be delivered via cyber communication such as telex instead of writing or face-to face methods. The formation of an contract generates as the acceptance is received. Therefore an electronic contract may be formed via emails‚ as long as all the necessary elements of a standard contract are established (Hill 2001)
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