Acceptance An acceptance is “a manifestation of assent to the terms [of the offer] made by the offeree in the manner invited or required by the offer.” In determining if an offeree accepted an offer and created a contract‚ a court will look for evidence of three factors: (1) the offeree intended to enter the contract‚ (2) the offeree accepted on the terms proposed by the offeror‚ and (3) the offeree communicated his acceptance to the offeror. Common Law: Traditional “Mirror Image” Rule
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A contract is an enforceable agreement between two or more persons or entities pursuant to which the parties undertake binding obligations. The vast majority of all business --- both personal and commercial --- is conducted pursuant to contracts‚ either oral or written‚ and courts of law decide disputes between parties to contracts. The four basic elements necessary for formation of a valid contract are capacity‚ offer and acceptance‚ consideration and compliance with law and public policy. Also
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Boeing engineers union rejects contract offer Negotiations between Boeing and SPEEA began April 19. In the weeks since then‚ the company and union have continued to meet on a regular basis‚ focusing on specific issues each week. One SPEEA contract covers 23‚000 professional engineers in Puget Sound‚ Portland and Ogden‚ Utah; the other covers technical workers in Puget Sound and Portland. The two contracts are similar in many respects but not identical. Main issues included wage pools‚ medical
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What are the modes of acceptance recognised under the Contracts Act 1950 (Revised 1974) and common law. Support your answers with reference to decided cases. An acceptance must be communicated for it to be effective and valid. The mental assent of both parties is not required but the external manifestation should exist. The acceptor must dos something in order to notify his acceptance. For example‚ he should communicate his acceptance of the offeror. This can be illustrated
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Offer Proposal is defined under section 2(a) of the Indian contract Act‚ 1872 as "when one person signifies to another his willingness to do or to abstain from doing anything with a view to obtain the assent of that other to such act or abstinence‚ he is said to make a proposal/offer". Thus‚ for a valid offer‚ the party making it must express his willingness to do or not to do something. But mere expression of willingness does not constitute an offer. The rules regarding the offer are The offer
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wider than is necessary to protect the legitimate interest of the employer. Attempting to stifle competition is impermissible and it is irrelevant that the employer taught the ex-employee everything he knows. The court area particular to prevent contracts‚ which seek to prevent an employee from practicing his livelihood. The courts have regard to three facts: - The period during which the restriction purports to apply. - The geographical area in which the restriction purports to apply. - The scope
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A man once said‚ "Acceptance is not defeat‚ it is understanding." Ernest Hemingway shows this incredibly well in his novella The Old Man and the Sea‚ where an old Cuban fisherman named Santiago suffers from a streak of bad luck. Santiago‚ for the 85th day without a catch‚ catches a marlin which tugs him out to sea for many a days‚ only for his catch to be eaten by sharks on his trip returning home to Havana. He returns‚ exhausted‚ only to find his young companion at his aid‚ which he responds to
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proposal or offer. . i) Offer and invitation to treat distinguish. . ii) Intention to create legal relationship. . iii) Cross offer. . iv) Specific and general offer.
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Acceptance Lindsay Reid LS 311 Kaplan University Professor James Starcher July 29‚ 2012 Acceptance In the case of Carrie‚ Antonio and Norvel‚ Carrie offers to sell Antonio a set of legal encyclopedias for $300.00. Antonio says he has to think about it and will let Carrie know the next day. Norvel‚ who overheard the offer to Antonio‚ tells Carrie he accepts her offer. Carrie gives Norvel the encyclopedias in return for $300.00. The next day‚ Antonio‚ unaware of the transaction between Norvel
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Contract Law Notes Contracts ‘A’ Offer Bilateral contracts Unilateral contracts Offers to the public at large What is an offer? Mere puff Supply of information Invitation to treat Categorizing transactions Advertisements a) Advertisements in a catalogue or a curricular b) Advertisements in newspapers or magazines c) Advertisements appearing on the internet d) Display of goods Auctions a) Advertisement of auction b) Auctions with reserves c) Auctions without a reserve Tendering
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