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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• 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
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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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Without offer and acceptance there can be no contract and so it is essential that the law provides rules to identify what constitutes both an offer and an acceptance. An offer may be defined as a statement of willingness to contract on specified terms made with the intention that‚ if accepted‚ it shall become a binding contract. An offer may be express or implied from conduct. In many cases it is crucial to determine when and where a contract is actually formed and this too needs rules. In the vast
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Contract: enforcing bargains made between parties. Requirements for a valid contract • AGREEMENT between the parties • Requirement of CERTAINTY – terms of the contract/what’s going to happen during the life of the contract • INTENTION to create legal relations (formal agreement where they expect the law to be involved) • CONSIDERATION (giving each other party something of value which underlies promise they are making) AGREEMENT: (bargain negotiated between two parties) Looking at it objectively:
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applies. In the case of Quenerduaine v. Cole it stated where an offer was made by telegram and acceptance by post‚ it was not seen as reasonable that the postal rule should apply and therefore the acceptance took effect on receipt. This links closely to the case of Susan and Manesh as the issue is whether the postal rule applies. Although there was a firm acceptance of the offer‚ the fault came at the post office. Due to the fact that the offer was by email and the acceptance was by post‚ using the case
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‘Alice wrote to Bill offering to sell him a block of shares in Utopia Ltd. In her letter‚ which arrived on Tuesday‚ Alice asked Bill to ‘let me know by next Saturday’. On Thursday Bill posted a reply accepting the offer. At 6pm on Friday he changed his mind and telephoned Alice. Alice was not there but her telephone answering machine recorded Bill’s message stating that he wished to withdraw his acceptance. On Monday Alice opened Bill’s letter‚ which arrived that morning‚ and then played back the
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white knight. She offers Lisa a tender offer better than the white knight’s offer. This seems to cool down Lisa as they now converse on a much lighter note Lisa. The resolution of this anticlimax comes when Paul stands and begins to sing “Nothing could be finer than to be in Carolina‚” the same song Lisa was singing at the beginning of the play. This brings about the resolution of the conflict inherent at the beginning. The main characters talks about in the play‚ “Tender Offer” are Lisa who plays
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09 November 2012 Mr. Sumit Sachan Uttar Pradesh Dear Sumit‚ We are pleased to offer you the position of ‘Guest Service Associate – Food and Beverage’ with Courtyard by Marriott‚ Bhopal as agents of Deligent Hotels Corporation Pvt. Ltd. with effect from 03 December 2012. However‚ this offer is subject to you being declared medically fit by a reputed medical practitioner and satisfactory references from your referees. Your compensation will be Rupees 11‚075/- per month [Total Remuneration]. The breakdown
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the verb in the present tense‚ but would you mind if… is followed by the verb in the past tense. When you’re using these two sentences‚ don’t use please. It’s already polite enough! Offering to do something for another person You can make an offer using a phrase like Can I… ?‚ Shall I… ?‚ Would you like
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