Contract Law - offer and acceptance.

Contract Law- Offer and Acceptance Shabana Riaz Supervision Group 10 The given problem is concerned with whether or not an agreement has come into existence between Astonia PLC, and any of the three local companies, to sell them the widget machine. A contract is generally regarded as an agreement, which the courts will treat as binding, and where necessary, may enforce. One of the basic prerequisites for the existence of a contract is an offer and an acceptance of that offer, which together form the agreement. Most contracts are usually bilateral and an agreement comes into existence where one party makes an offer to be contractually bound by specified terms to another party who accepts the terms and communicates this to the offeror. It is the communication of the acceptance that makes the agreement binding. A contract can also be unilateral, here one party makes a conditional offer to another in return for performing or refraining from a particular act. The agreement becomes binding where the offeree performs the required act. One of the first issues raised is to establish whether the letters sent by Astonia PLC to the local companies are to be regarded as being an offer or an invitation to treat? It is important to make mention of the fact that the letters are invitations for the companies to make offers for the widget machine, that is they are invitations to tenders.

  • Word count: 2184
  • Level: AS and A Level
  • Subject: Law
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Contract law - Advise Sarah - The first thing to ascertain is whether the advertisement constitutes an 'offer' or an 'invitation to treat'.

CONTRACT LAW First Term Unassessed Essay . On 2nd January 1999, Sarah reads in a local newspaper, "The Brighton Bugle", that a well known local sports enthusiast, Mick Muscle, was offering £5,000 to the first person to swim from Southsea to the Isle of Wight before 10th January, 1999. Sarah, a keen swimmer, set about her preparations. On 6th January, 1999, a retraction appeared in "The Hove Herald' stating that Mick's original offer was cancelled and, instead, the prize was now to be £500 to the first person to cycle from Brighton to Oxford before 12th January, 1999. Sarah was a regular reader of "The Brighton Bugle" and no other newspaper. She did not see the retraction in "The Hove Herald". On 9th January, Sarah went down to the beach at Southsea to commence her swim to the Isle of Wight. A bystander, who identified himself as Rick Muscle (Mick's brother), told her that the swimming prize had been cancelled and she should "go and get her cycling gear on". Sarah disregarded this statement and proceeded with her swim. Rick Muscle notified his brother, Mick, who promptly hired a boat and caught up with Sarah in the middle of her swim. Mick shouted at her through a megaphone, telling her of the withdrawal of the reward for the swim. Sarah was not deterred and completed her swim to the Isle of Wight. On returning to her home in Brighton, she decided to cycle to Oxford the

  • Word count: 1915
  • Level: AS and A Level
  • Subject: Law
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For a contract to be valid there must be an agreement and an offer between the two parties

Beatson, in Anson's Law of contract, defines a contract as 'A legally binding agreement made between two or more persons, by which rights are acquired by one or more to acts or forbearances on the part of the other or others.'1 In simpler terms a contract is an agreement made between two or more parties who intend that the agreement will be legally binding. The essential elements of a contract are, offer, acceptance, intention to create legal relations, capacity, form and legality. For a contract to be valid there must be an agreement and an offer between the two parties In order to advice the parties one needs to distinguish weather it is an offer or an invitation to treat. Roger who is fifteen years old, decided to treat himself for his fifteenth birthday. Roger was interested in buying a new stereo. Roger set off, searching for his new stereo where, he went past his nearest Electrical World branch and he saw a large sign displayed on the window stating that many items were on special offer. Roger was interested because he wanted to buy a stereo. The advertisement that Roger saw was advertising various top brand stereos, this attracted his attention, in particular was that various top brand stereos were at £25 each. Roger entered the shop and wondered around where he saw a table with a sign saying ' last few sale items all £25 or less'. Roger spotted a top of the

  • Word count: 1879
  • Level: AS and A Level
  • Subject: Law
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Definitions of Actus reus, mens rea & strict liability

Definitions of: Actus Reus \ Mens Rea \ Strict Liability: Actus Reus Actus Reus is the physical element of a crime (guilty act), in criminal cases the prosecution must prove beyond reasonable doubt that the defendant committed an Actus Reus and had the Mens Rea (guilty mind) at the same time. An Actus Reus consist more than just a crime, it also has of whatever circumstances and consequences are required for the offence in question. The crimes can be divided into two categories: The first category is the conduct crime where the Actus Reus is the prohibited act itself, for example the Actus Reus of the offence dangerous driving is ''driving a mechanically propelled vehicle on a road or other public places (S2 RTA 1988), no harm or consequence of that dangerous driving needs to be established. Another example is blackmailing. The second category is the result crimes, those are where Actus Reus is defined in terms of prohibited consequences, irrespective of these are brought about, for example causing death (murder) or the Actus Reus of the offence of criminal damage is that property belonging to another must be destroyed or damaged (S1(1) Criminal Damage Act 1971). Conduct and result crimes are those in which the Actus Reus is defined in terms of a prohibited outcome that has to be caused in a particular way by specific conduct. Arson involves a combination of a

  • Word count: 1155
  • Level: AS and A Level
  • Subject: Law
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I have been asked to advise a client on considering contracting with a building company to build new head offices in the area. I will explain the rules of offer and acceptance. Rules of intention, legal capacity, specific contract terms, standard form con

Common Law Assignment 1 I have been asked to advise a client on considering contracting with a building company to build new head offices in the area. I will explain the rules of offer and acceptance. Rules of intention, legal capacity, specific contract terms, standard form contracts and exemption clauses. Offer An offer is a definite promise to be bound on specific terms. (BPP Common Law 1994) The offer has to be specific in order to actually constitute an offer. For example in the case of Gunthing V Lynn 1831 the facts of the case were the offeror to pay a further sum for a horse if it was 'lucky'. The offer was too vague so the judge said it was not specific enough to constitute an offer. It could constitute an offer if the offeror said that he/she would buy the horse if it wins the 2.30pm race at Oxford. Invitation to treat An invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract. It is not an offer in itself. (BPP Common Law 1994) There are four types of an invitation to treat. . Auction sales At an auction the bid itself is an offer and then the auctioneer can either accept or reject the offer. A good example of this is the case of Payne and Cave 1789, the defendant made the highest bid for the plaintiff's goods at an auction sale, but he withdrew his bid before the fall of the

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  • Level: AS and A Level
  • Subject: Law
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Case Analysis: Christine Brooks v. Cooke County Hospital District

Case Analysis #3 Christine Brooks v. Cooke County Hospital District Background Christine Brooks was placed on probation in February 1994, after working for ten years with the Cooke County Hospital District ("CCHD"), for exhibiting poor work attitude, breaching patient confidentiality, and engaging in personal business at work. CCHD terminated Brook's employment, while she was on probation, because of additional policy violations. Brooks filed suit against CCHD on December 28, 1994. This case is related to the employer-employee relationship and at-will employment. The big issues in this case seem to be: - Did a contract exist between Brooks and CCHD, as opposed to a traditional at-will employment? - Was there a violation of either the contract or the at-will employment doctrine by CCHD? - Was there a serious violation of policy by Brooks? The sub issues are: - Was there any discrimination or retaliation against Brooks? - Was Brooks being penalized twice for the same cause? - Was Brooks negligent in discussing the situation in an open setting? Christine Brooks' case Christine Brooks had been employed with CCHD for almost ten years. In 1994 she was terminated while on probation. The following text attempts to analyze Brooks' position and the approach that she should take to make her case against CCHD. Brooks' case should focus on proving that her status with CCHD

  • Word count: 3085
  • Level: AS and A Level
  • Subject: Law
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Offer and acceptance when forming a contract.

Aman, a car dealer, has a number of conversations with clients in his showroom. Bert states that he wishes to buy a particular Candida car on display in the showroom at £10,000, but Aman says that he could not sell it for less than £10,500. Aman says no more to Bert, but Bert assumes that the car is his for £10,500. Aman offers to sell a Delissimo car to Emma for £15,00 and says that she can let him know by Friday if she wants the car. On Thursday afternoon Fred pays Aman £20,000 for the same car. Emma sends Aman an e-mail on Friday to say that she wants the car. Aman makes an offer to sell a Grandino car, priced £22,000 to Harry who says he will think about it. Harry posts a letter to Aman the same day to say that he does want the car. Later that day Harry changes his mind and sends a fax message to Aman to say that he no longer wishes to buy the car after all. Consider whether Aman has made binding contracts with Bert, Emma, Fred and Harry. [50] This problem relates to offer and acceptance when forming a contract. In order for a contract to be made you need valid offer from the offeror and acceptance form the offeree. An offer is a proposal made in certain terms by the offeror with the intention of being bound by the proposal. Offers may be made in words, writing or conduct. In displaying his goods Aman is not providing offers to sell, merely

  • Word count: 1042
  • Level: AS and A Level
  • Subject: Law
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Property Law-bg

?? ? 1 ??????? ?? ????? ?????. ?? ???? ???? ?? ?????????? ?????????? ????? ? ???? ?????? ??????????. ???????, ??????? ? ????????? ?? ??. ? ??????? "????? ?????" ?? ????????? ??????? ????. . ???? ????????? ????? ?? ? ?????????? ?? ?????? ????? (??), ????? ??????? ????? ??????????????, ????? ?????????? ????? ? ?????????? - ?.?. ??????????? ? ??????????? ?? ????? ????? ????. ? ???? ?????? ?? ? ???? ?? ??????????? ?????????? ????? (??), ????? ?????? ????????? ?? ??????????? ?????????. 2. ??? ????? ?????? ?? ???????? ?????????? ?????? ? ?????? ??????????, ????? ?? ??????? ? ??????????? ?? ??????? ?? ??????????? ? ?? ?????????? ????? ?????. 3. ??? ????? ?????? ?? ???????? ?????????? ?????????? ?????, ????? ????? ??? ??????????? ?? ?????????????? ?????, ??? ?? ???????????? ?????????? ? ??????????? ?? ?????? ?????????? ?? ???????? ?? ??? ????? ????? ?????????? ??? ? ?? ??????? ?? ?????? ????? ???? ?? ?? ????????? ?? ????????????? ???????? ????? ????, ????? ?????? ?? ???????? ?? ????????? ?????? ?????. ??????? ?? ???????????? ?? ? ? ???????? ?????, ????? ? ??????? ??????????? ?????????, ??????? ? ???? ?? ????? ?????? ???????, ??????????? ????? ?? ????????? ?? ????????? ? ????. ??? ?? ?? ?? ?????? - ?????????? ????????, ?????? ???????????? ? ?????????, ? ?????????? ?? ?????????, ?? ? ????? ?? ???????? ? ?????? ?? ?? ?????????? ??? ??????? ???? - ??.110, ??.2, ??. ??????????

  • Word count: 1341
  • Level: AS and A Level
  • Subject: Law
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Void and voidable Contracts.

Void Contracts: A contract is void if it is worthless, that is, not really a contract at all. Some contracts made by minors, for example, are automatically void. Contracts may be declared void on the basis that they oblige the contracting parties to commit illegal acts. Damages cannot be claimed by a party injured by attempting to comply with a void contract. For example, if I contract to pay someone to shoot a TV game show host, and the would-be murderer decides to take the money and run without satisfying his part of the deal, then the courts will not assist me to recover the money. The illegality need not be as serious as murder for this to be the case. Some contracts may not be strictly void, but can be declared void. The distinction is important because when goods or property are exchanged under a voidable contract, title is passed. With a void contract no title passes, because effectively the contract never existed. Voidable Contracts: Unlike a void contract, whose legal status is as if it never existed, a voidable contract is one that remains in force until it is declared void by one of the contracting parties. For example, one of the parties may fraudulently misrepresent a service to be offered. The offended party may then declare the contract void and refuse to be bound by it. However, if goods are exchanged under the contract before it is voided, then title is

  • Word count: 1515
  • Level: AS and A Level
  • Subject: Law
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Contract Law Assignment

Contract Law Assignment On Monday Samantha offered to sell her oboe to Penny for £1,000. Penny replied "I will buy it if I can raise the money". Samantha promised that she would not sell the oboe to anyone else before Saturday, and added that Penny could collect the oboe at any time before noon on Saturday. On Wednesday, Penny phoned and left a message with Samantha's daughter, Anne, saying that she had got the money and would collect the oboe on Saturday morning about 10.30am. Anne forgot to tell her mother about the phone call. On Thursday morning Samantha was entertaining friends and discussing the sale of her oboe. Gillian was interested and offered to buy the oboe for £1,300. Samantha was delighted with the offer. Samantha posted a letter later that day to Penny saying that she could no longer have the oboe. Pat, the Postman, delivered the letter to the wrong address, and Penny, who was disabled, did not receive the letter. She hired a taxi on Saturday morning to collect the oboe. Advise Samantha and Penny of their legal rights. The problem regarding Samantha and Penny is a very complicated one. To fully answer it, to advise the two on their legal rights, we must consider various different legal issues. We must pay particular attention to offer and acceptance, and to a lesser degree, consideration. So initially, we have a straightforward offer

  • Word count: 1474
  • Level: AS and A Level
  • Subject: Law
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