To form a contract‚ it usually requires offer and acceptance. Acceptance is an expression by words or conduct of assent to the terms of the offer. It shall be clear‚ unequivocal and unconditional as prescribed by the offeror. It is a moment when contract exist (that there is consensus ad idem). The general rule of acceptance is been stated in the case of Entores Ltd v Miles Far East Corporation‚ Lord Denning claims that an acceptance does not usually valid until it is reached to the knowledge of
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governing offer and acceptance‚ a valid offer has been made through an advertisement. In order for an offer to be accepted‚ the party must entirely accept the offer. The rules governing acceptance has to be positive not passive. Silence does not forms acceptance. The general rule of acceptance is that the acceptance must be received by the offeror‚ otherwise it has no effect. An offer made to a particular person can be rightfully accepted by him alone and in order to avoid complications‚ acceptance is
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formed a contract‚ the courts begin from examining the elements of offer‚ acceptance‚ whether or not there was a consideration or the bargain and the contractual intent to make a binding contract and any other external positive factors. The coincidence of offer and corresponding acceptance results in a contract. In some instances contracts are inferred from the conduct of the parties without a direct offer and a corresponding acceptance. Hence the courts further tries to see if the minds of the offeror
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and inquires if she could buy the perfume at a price of RM150.00 per box. Ariana informs Berni that she would consider the offer‚ but indicates that there are other buyers willing to pay more. On Wednesday morning Berni decides to accept Ariana’s offer. As Berni is leaving the country that day‚ she instructs her secretary‚ Cindy‚ to communicate her acceptance of Ariana’s offer. Cindy telephones Ariana but is only able to reach her 10 year old son. Cindy leaves a message with the boy. Unfortunately
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concerning the performance of the contract. Under these circumstances Bill has committed a breach of an expressed warranty because the “basis for the bargain” was that the car was free of defect. She can also return the car to Bill and revoke the acceptance of the car since it does not conform to the contract and the defects substantially reduce the value of the car. 2. What standard must she prove? Alice has to prove that the car did not conform to the contract and that devaluation of
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has not received the acceptance note yet? Yes this is a binding contract between the two parties. While this may be an unconventional acceptance of an offer‚ it is still binding contract between our client‚ Mr. deCapo and Ms. Daughtery. Ms Daughtery sent our client an offer note on February 13‚ 2008‚ selling her 1965 Corvette Stingray for the amount of 25‚995 plus all title transfer fees. Approximately thirty days later our client Mr. deCapo sent Ms. Daughtery his acceptance of her terms for the
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message on Ada’s voicemail to accept the offer. However‚ Ben changes his mind and posts the letter to Ada on the same day‚ but the letter arrived before Ada checked her voicemail. Although the voicemail was sent earlier than the letter‚ acceptance can only be made with actual communication and notification to the offeror. Besides‚ according to the postal rule‚ the acceptance is deemed to be competed when the properly stamped and addressed letter of acceptance is posted‚ and not when it is delivered
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contract is either bilateral or unilateral is a consideration‚ which implies a legally binding action for the accomplishment of an agreement. In addition to consideration‚ the promise to execute a contract must involve either one of the parties making offers and the other consenting. Moreover‚ for an agreement to be considered valid in any court of law‚ it must legitimate‚ mutually beneficial‚ and not illusionary. Contextually the contract between King and Barber is bilateral because the negotiations
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then address your answer by asking for example “Whether silence constitutes an acceptance or not?” 2. LAWS Then you have to think the most relevant areas of law‚ which are applicable to your question. For example if your legal issues deal with mode of acceptance‚ please discuss the topic relevant to your question and not something else. If you were to discuss about condition of a valid acceptance which is clearly out of topic‚ you will be wasting your precious limited time
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contract? Law and Application: In order for there to be a contract there must be intent‚ offer‚ acceptance and consideration. The onus will be on Meghan to prove that she has a contract with Neil. In commerce generally‚ the element of intent is presumed to exist. It seems that Neil and Meghan are dealing at arm’s length and that intent would likely be presumed to exist. An offer is a proposal plus intent. The offer must have clarity on the parties‚ the object and the exchange. The facts tells us
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