Offer and acceptance Essays

Alina’s email constitute an offer? An offer requires a willingness to be bound by a contract regulated by certain terms. Under the Electronic Transactions Act 2000 (NSW) , s14B (1) specifies that a message conveyed through electronic communication that does not have a specific addressee and or convey an explicit intention to form a binding agreement upon acceptance is an invitation to treat . Alina’s email is specifically addressed to Ben and may still constitute an offer. To determine this, the intention

They are offer, acceptance, consideration, intention to be legally bound, capacity to contract and legality of the promise. An offer is supposed to be a firm promise that can be based on certain terms and the offer should be capable of being agreed to turning it into a binding agreement. Offers are usually preceded by an invitation to treat which invites the offeror to make the offer to the offeree (Grainger and Sons v Gough) . Acceptance refers to a clear agreement to the terms of the offer, it can

contract to exist between Sam and the chain store four elements must be present; these elements are the agreement, the consideration, contractual capacity and a legal object. The first element of agreement consists of an offer, by offeror to enter into a contract and an acceptance of the term by the offeree. The second element of consideration is what each party gets in exchange for the promise under the contract. The third element is contractual capacity, the legal ability to enter into a binding

of law, this case is become an unilateral offer because a suggestion that the offer was too vague to form the basis for a binding agreement, in that it had no time limit, was rejected by the court, which felt that the ball must have been intended to protect its user during the two week prescribed period of use. Secondly, the court viewed the deposit of the £1000 as evidence of an intention to pay any claims and therefore rejected the notion that the offer was simply an advertising gimmick. Thirdly

which is consisted of offer and acceptance. It is formed when two or more parties are taken to have agreed of all the terms in the offer (Law hand book 2013). An agreement is start with an offer from offeror but which does not become a valid agreement until the other party-offeree show an unequivocal willingness to accept the terms of that offer. Both parties must be clear in content of the contract and also what will happen if the contract is broken before having acceptance in a binding agreement

misrepresentation made in the contract between Mr Smith and Mr Jones. LAW A contract is a legally binding or valid agreement between two parties. The law will consider a contract to be valid if the agreement contains all of the following elements: offer and acceptance; an intention between the parties to create binding relations; consideration to be paid for the promise made; legal capacity of the parties to act; genuine consent of the parties; and legality of the agreement. Statements made over the course

the buyer’s proposed use. The buyer argued that the contract is void but the court disagrees. In the case, when applying objective test, there is no ambiguity in the contract. It is clear that the buyer correctly understands that the seller’s offer is an offer to sell oat, but he mistakenly believes these oats to be old oats and the mistake is known to the seller. According to Statoil ASA v Louis Dreyfus Energy Services LP , the seller is not obliged to inform the buyer that he has made a mistake.

enforcement and promissory obligations, that are determined under the contract. The liability of the conctracts can be formed as an express promise, in which the rules of the contract are fully performed, or through the implied in facts promise, where the acceptance or understanding of the contract is showed according to the acts of the party. A contract is a legally enforceable agreement containing one or more promises. Not every promise is a contract—only those promises enforceable by law. Although the word

needs to be offer and acceptance too. Once all these elements are present, then it’s a valid contract. There are two main kinds of contracts: unilateral contracts and bilateral contracts. A bilateral contract is an agreement in which each of the parties to the contract makes a promise or promises to the other party. For example, in a contract for the sale of a house, the buyer promises the seller Rs.10, 00,000 in exchange for the sellers’ house. In a unilateral contract, only one

The plaintiff, Joe Douglas, entered into a contract with as long distance telephone service provided by America Online that was subsequently acquired by the company Talk America. After the acquisition, Talk America made four provisions to the contract that Douglas had initially agreed to consent to with American Online. These changes, according to Douglas, were made without any notice from Talk America, and thus in violation of the Federal Communication Act, various California consumer protection

The Masons ' New Car Name: Institution: The Masons ' New Car Decide whether this Court should hear this case or dismiss the case and direct the parties to binding arbitration in agreement with the Retail Buyer’s Order. Masons had signed various black contracts that included a Retail Installment Sales Contract; Retail Buyers’ Order and an Odometer Disclosure form. As such, they appear to have in principle agreed to the terms and conditions of the contracts and hence were liable to

A contract is entering into a formal and legally binding agreement, an agreement of two or more persons or entities. In which there is a promise to do something in return for a valuable benefit known as consideration. Consideration is; something of value given by both persons to a contract that induces them to enter into an agreement to exchange mutual goods or services. There are two types of contract, bilateral and unilateral. Unilateral contracts consist of only the promiser, meaning it requires

The principle of “good faith” in contract law has been inserted with the intention of encouraging parties to a contract to deal with each other in a just and sincere manner. The implied concept of “good faith” turns up not only in the countries having civil law systems but also in the countries with common law systems. The key difference between the application of “good faith” in common law countries and civil law countries is that under the common law, the principle of good faith is applied only

INTRODUCTION The statement, which is a quote from McPhail v Doulton , is stating that for a trust to be valid the beneficiaries must be able to be identifiable, meaning there are persons with a beneficial interest in the trust. From the case of Re Endacott we know that beneficiaries must be certain or capable to be certain; with out this, the trust will fail. It is so crucial to identify the beneficiaries because the trustees must know to whom they owe an obligation, and so the courts can enforce

1 Introduction Consent can be defined as voluntary agreement, compliance or permission. Consent is a unilateral act, and so consent may be withdrawn by one person. People are allowed to “waive their legal rights” if they choose to do so. This would mean that the victim, by consenting to suffer harm, excuses the wrongful conduct of the person who has inflicted the harm and thereby excuses him/her of being held liable. The principle of volenti non fit iniuria applies, he who consents cannot be

A) 1. This case is about a contact of sale and purchase. Henry had a written contract for purchasing a guitar. The seller was John. After the terms got written, John orally amended the purchase price. Henry claimed that in accordance with the Equal Dignity Rules, this amendment was required in writing. 2. The law applicable to the facts is the “Statue of fraud.” The Statue of fraud required everything to be in written form within a contract of sales. Since, it was a contract of sale between Henry

Glynn contends that Facepunch breached the contract between the parties by failing to render 60% of the profits of the sale of the videogame RUST. Facepunch responds that the parties never agreed to a definite profit-sharing structure. In Minnesota, the elements of a breach of contract claim are: (1) formation of a contract, (2) performance by plaintiff of any conditions precedent to the right to demand performance by the defendant, and (3) breach of the contract by defendant. “Whether a contract

Activity Self-assessment questions 1. How do courts decide if an agreement is intended to be legally binding? 2. Why should an agreement within a family not be legally binding? 3. Why are the cases of Balfour v Balfour and Merritt v Merritt decided differently? 4. Why should commercial agreements generally lead to a legal relationship? 5. How will businesses try to get round the rules on intention? 6. What is an ‘honour pledge clause’? 7. What is the reasoning behind making freegifts, prizes in

capacity and a legal object. The first two elements are meaning that there was a mutual agreement made by both parties and where all propositions are considered by both the offeror and the offeree. The first is agreement, Mr. Stevens (the offeror) did offer to ship 1,000 units of the Barking Machine to the store manager(the offeree). Therefore, this does qualify as a contract under the

This Parol evidence rule, which has been considered as a common law rule, prevent the parties to the written contract from providing any additional extrinsic evidence, which reveals an ambiguity and refines it, in addition to the terms prescribed in the written contract which appears as complete. The supporting justification to this rule is that since the parties to the contract have signed a final written contract, the extrinsic evidence of the terms and agreements held before should not be taken