OFFER If a contract is a legally binding agreement‚ the first question to consider is the method by which the court ascertains whether a contract is to be formed. The offer must express the definite intention on the part of the person or organization making it (called “the offeror”) to enter into the contract with the person or organization to whom or which it is addressed (known as “the offeree”). An offer may be defined as a statement of willingness to contract on specified
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CONTENTS Page no. 1. Table of Cases . PROPOSAL 2. .Definition of proposal. .
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With case examples‚ explain what is meant by the terms offer and acceptance‚ in reference to English Law. 1. The terms offer and acceptance are terms most commonly found in contact law. An offer makes up the first part of a contract‚ it is imperative that the offer is definite. The term offer is defined by Treitel as: ’...an expression of willingness to contract on specified terms‚ made with the intention that it is to become binding as soon as it is accepted by the person to whom it is
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Agreement (Offer and Acceptance) • Consideration • Intention to create legal relations All three scenarios are supported by “consideration”. The general idea of consideration is that contracts involve an exchange in which both parties give something in exchange for the promise of the other. John offers his car in exchange for 10000 euros from Patrick. As the last two steps involved in a contract are met we only look at the agreement‚ if there is an offer and an acceptance that would
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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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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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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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OJT Acceptance Form July 12‚ 2013 This is to signify the approval of on-the-job training request allowing a fourth year student of Bachelor of Science in Information Technology‚ from the ACLC College of Gapan to render her practicum in Universal Robina Corporation-Agro-Industrial‚ located at Calumpang‚. Please be informed on the following details of her assignments. Job Title | Human Resources Department | Branch/Department/Section | RF 12 Human Resources | To report to | ACLC
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How is an offer terminated? Please provide examples and case law in order to support your answer. How is an offer terminated? Offer is one of the essential elements of a contract‚ which is a legally binding agreement made between two or more parties‚ other essential elements include Acceptance‚ Consideration‚ intention and Capacity. In the absence of any of these elements the contract will be void. An offer is a definite promise or proposal to be bound on specific terms and it has to be
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QUESTIONS - Offer 1. What is an offer? 2. What is an invitation to treat? 3. List the factors that the court will take into account in distinguishing between an offer and an invitation to treat? 4. Name a case which is authority for the rule that a request for tenders is an invitation to treat. 5. What is the effect of the distinction between offer and invitation to treat? 6. Is possible to make an offer to the whole world? Self-test Questions – uNILATERAL OFFERS
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