¶ … Acceptance
Business Legal Case
The author of this response is offered a business legal case and is asked to give an opinion on whether one firm has a case against another. The author of this report will offer a response and will back it up using arguments going either way. In short, the answer up front is that ABC Corporation probably does not have a case but Mr. Jones acted quite carelessly and can get himself into quite a legal pickle in the future if he is not careful because he is leaving his fate to judicial review when he makes decisions like the one he made here (USLegal, 2013).
Points against Mr. Jones
Jones has two things working against him in this case. First, he was foolish enough to not have an expiration time and date for the counter-offer he made. ABC had one and there is a reason. If no expiration time is noted, then if/when legal challenges occur against the enforcement...
Alford reports that "for some, the earth moves when they discover that people in authority routinely lie and that those who work for them routinely cover up. Once one knows this, or rather once one feels this knowledge in one's bones, one lives in a new world. Some people remain aliens in the new world forever. Maybe they like it that way. Maybe they don't have a choice." (Alford,
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Issues Presented or Questions of Law: 1) Did the SBL agreement constitute the contract between the parties? 2) Was Plaintiffs' case barred by the parole evidence rule? 3) Should the trial court have sustained Defendants' demurrer to Plaintiffs' case? Holding / Rule of Law: 1) The SBL agreement did not constitute the contract between the parties. The contracts were formed when Plaintiffs accepted Defendants offer and tendered their consideration. Therefore, the SBL agreement and addendum
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