ipl-logo

Principles Of Contract: Offer And Bilateral Offers

3946 Words16 Pages

for Unilateral offer and Bilateral offer. 1. Advertisements for unilateral offer – Offer to the public at large Offers can be addressed to the general public and are accepted when the offer is acted upon a member of the general public. An important exception to the general rule that advertisements are merely invitations to treat is where there is an offer in relation to a unilateral offer contained in an advert i.e. where the offeror makes a promise in return for an act. Ali’s advertisement is considered as a unilateral offer since the contract is based on being automatically accepted without the need for negotiations as he states in the advert. ‘’ the rug will go to the first person who accepts it’’. A similar case is the Carlill v Carbolic …show more content…

According to Per Lord Dunedin (quoting from Pollock ‘Principles of Contract’) in Dunlop v Selfridge [1915] AC 847, “An act or forbearance of one party, or the promise there of, is the price for which the promise of the other is bought, and the promise thus given is enforceable”. As stated in the rules of consideration, ‘’Consideration must be sufficient, not adequate.’’ For example, in Hamer v. Sidway, the promisor promised the promisee to pay him $5000 if the promisee refrained from smoking and drinking until his 21st birthday. As the promisee had carried out his promise, the court found that because the promisee had a legal right to smoke and drink the restriction of this right in order to complete the promise constituted a forbearance suffered and therefore was sufficient consideration in order to give legal effect to the contract However, it must be determined whether Das’s promise to come until Monday constitutes sufficient consideration. Since, no deposit was made that is there was not sufficient consideration. Das would have to prove that he gave some sort of consideration to Ali to keep the offer open and if Das has taken a bank loan, the court may consider it as a valid consideration. Otherwise, the agreement does not stand according to the law. Therefore, Das cannot have any legal action against …show more content…

In Beard v London General Omnibus Co, the claimant failed to prove that the conductor was authorized to drive the bus and therefore failed to establish that they were responsible for his negligence. As written in the Card & James, there are two tests used by the court to determine whether this requirement is met which is the Salmond test (Salmond’s Law of Torts) and the ‘close connection’ test (established in Lister v Hesley Hall Ltd 2002). Under the Salmond test, the requirement would be met if the tort was either: (i) A wrongful act authorized by the employer, (ii) A wrongful and unauthorized mode of doing some act authorized by the

Show More
Related
99 Words | 1 Pages

In order for job/position of the defendant in relation to plaintiff to be established the defendant must hold a job or position that is in relation to the plaintiff in order for a legal obligation to be established. In this case the defendants Matthew Hartley was operating a motor vehicle in a grossly negligent manner, operating a vehicle under the influence and leaving the scene of a crash and killed the plaintiff, Mollie Mahowald throwing her 20 or 30 feet in the air. Therefore, the defendant does not owe the plaintiff a legal obligations based off the job/position relationship.

Read More
681 Words | 3 Pages

In this case, it must be determined whether the client has been accused or convicted of any similar crimes prior to this case, whether there are any financial considerations that a court should take into consideration if the client is convicted, and if the client would be willing to take a sentence of probation if given the

Read More
955 Words | 4 Pages

The appellant essential accommodation claim went to trial but court excluded evidence regarding to disability. The plaintiff’s is not estopped by her SSDI and long term disability claims. However the issue should have been decided by jury. The court foreclosed to grant the plaintiff was not a qualified individual.

Read More
97 Words | 1 Pages

Hawkins actions were specific for a definite amount of time. In Cantalupo, a brother took away his intoxicated brother’s keys, and was not responsible for preventing him to drive drunk indefinitely, but only when the he undertook to take the keys away. Cantalupo, 47 So. 3d 900. The court reasoned that to hold otherwise would discourage people from undertaking in the first place.

Read More
489 Words | 2 Pages

Unit 4 Discussion Assignment Has anyone ever broken a promise to you? Were those promises legally enforceable promises? Why or why not? There are two types of promises: Oral and written. The oral promise is a promise spoken and not written down and signed.

Read More
698 Words | 3 Pages

Herbert, an employee of Jazz Cola Company, while making deliveries to grocery stores, was listening to the truck’s radio set very loud with a heavy bass sound. He also had three beers when he stopped for lunch. During the afternoon shift, he ran a red light and crashed into a small car driven by Missy, a 17-year-old-girl. Missy had the green light but she was killed instantly by Herbert’s truck. Should Herbert’s supervisor or the company president be vicariously liable for Missy’s death?

Read More
1440 Words | 6 Pages

There are guidelines for every type of business transaction to make sure that businesses have consistent regulations to ensure that they are fair and equal. The Uniform Commercial Code (UCC) was designed is a set of laws that governs the nine different types of transactions, including lease agreements. There are two types of leases—consumer and finance leases. There are certain steps to follow in order to develop a lease as well, which includes an offer, acceptance, and consideration. Article 2A of the UCC defines a lease agreement as a “bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of

Read More
859 Words | 4 Pages

When the doctor left the piece of metal in his leg, and then had removed it is proof that the doctor breached his legal duty. There is causation because doctor instead of making Cal feels less pain, does the complete opposite. Also he can sue Abe, for minor injuries to his head and for being the cause of the first accident. It was Abe duty, to safely transport Cal. Like Abe, was driving it

Read More
1403 Words | 6 Pages

The Southeastern Conference (SEC) was formed in 1933 to direct and conduct tournaments, interscholastic athletic competitions and set eligibility rules that student-athletes must adhere to. Additionally, the SEC helps its member-institutions to sustain initiatives of intercollegiate athletics that are well-suited to the utmost standards of competitive sports and education in America. Mike Slive is the seventh commissioner of SEC. According to the SEC website, Mr. Slive has overseen one of the greatest periods of success since the SEC was founded. Mr. Slive assumed the post in July 2, 2002, and since then, the SEC has seen unprecedented championship success under his leadership.

Read More
190 Words | 1 Pages

BBC’s article, “Donna Bull death: Crash plane pilot had 'fake licence '”, explains fifty people were killed in an aircraft after the pilot crashed the plane. In order to prove a tort has been committed, the defendant is responsible for a wrongful act causing harm to the plaintiff. In this particular case, there is a class action as there are several plaintiffs who have suffered mentally, emotionally and financially with the loss of their family members, due to the actions of the defendant. The pilot responsible for the crash of the Boeing 737 had no record of completed pilot training and a certified pilot licence and according to investigators, should not have been in the position to fly the plane. This case demonstrates vicarious

Read More
1087 Words | 5 Pages

This can be a less time consuming and costly way to sort out a dispute. On the possibility that Joe declines this offer and would still like to proceed with tribunal, I would like

Read More
486 Words | 2 Pages

To some extent, I do believe this claim has some circumstances that are justifiable under D’Cruz and Kalef’s understanding of promising to try, but I don’t think it can be applied towards every type of promise made. Such things as external motivators and internal factors, such as mental health and will power, do certify the idea of promising to try instead of promising. When an agent is aware of some of the complications that could arise, it’s on the promiser to let their promisee be aware of these complications and are given the opportunity to possibly make other arrangements. On the other hand, promising to try in a situation where one is fully aware that they lack the motivation to fulfill that promise, is not a genuine promise to

Read More
1566 Words | 7 Pages

On finishing of examination, if the police feel that no at first sight case is made out last report will be filled under the steady gaze of court. On the off chance that the examining organization feels that a by all appearances case is made out, it will document a charge sheet under the steady gaze of court. The Officer needs to pass essential requests on last reports and charge sheets. Contingent upon the request of Justice the case will be either dropped or put sent for charges and trial. So now this section will assess every progression before the trial and lacuna's include in antagonistic conveyance equity framework.

Read More
1103 Words | 5 Pages

An impressive line from “The Broken Basic Bargain” is, “In 1914, Henry Ford announced he was paying workers on his Model T assembly line $5 a day- three times what the typical factory employee earned at the time.” “The Broken Basic Bargain” is an excerpt, on pages 404 to 406, from the book Rereading America: Cultural Contexts for Critical Thinking and Writing which was edited by Gary Colombo, Rober Cullen, and Bonnie Lisle. A Ted Talk video that relates to the excerpt is “Mike Rowe: Learning From Dirty Jobs.” The video was filmed in December 2008 and the speaker was Mike Rowe, the host of Dirty Jobs.

Read More
1114 Words | 5 Pages

Meanwhile, It is only people of essential duties such as A police officer who injures a suspect during a lawful arrest may be immune from prosecution because she was acting in the course of official duties. An ambulance driver won't be cited for speeding while in route to an emergency. Members of the armed forces and other civil organizations may also be excused from liability when acting in the course of their official duties. Apart from the above, such person would be dealt with according with the rule of law or his pleading may not be granted as to excused him/herself from the liability damaged caused.

Read More

More about Principles Of Contract: Offer And Bilateral Offers

Open Document