Finally, with respect to the specific language of the offer rendering buyer's considering Condition #3 "unacceptable" and voiding the offer thereby, this is nothing more than a self-serving characterization on the part of the seller.
The fact remains that any right of the seller to reject the buyer's acceptance (or counteroffer, by Seller's earlier argument), ended upon Seller's de facto acceptance of the deposit payment as tendered.
Having failed to vitiate the obligations under contract by virtue of any variance between the specific mode of payment, the seller will argue that he revoked the offer on March 11th after the buyer tendered the deposit but before the buyer could have satisfied the second condition of the offer. Since the offer was revoked by Seller before all of the conditions specified in the offer could have been accepted by Buyer in the office of Anderson on March 14th, Seller will argue that Buyer could no longer accept, on March
14 th, an offer that was revoked on March 11th. but, as the Florida court in Kendel reiterated a rule expressed in the earlier Morrison case, (1963), "The right to withdraw and repudiate the acceptance of an offer is dependent on the initial determination of when that acceptance is effective and irrevocable."
In this case, Condition #3 of the terms of the offer was accepted by Seller's acceptance of the deposit by virtue of depositing it upon receipt. If the buyer appeared at the offices of Anderson on the date and time specified in Condition #2 and tendered the rest of the payment specified in Condition...
Part IV of the TPA specifically makes illegal practices which restrict competition or free trade. Furthermore, the Act authorizes private actions to be brought to enforce this provision. Lana believes that Phoebe's practices amount to an unfair restraint on free trade (and her ability to compete), thus her action is covered under the statute. Conclusion: Under section 52 of the TPA, Lana is entitled to sue Phoebe for damages as
Contract Analysis Analyzing a Construction Contract The contract chosen for analysis in this study is a construction contract. This contract would be used for example in the construction of an office building. The parties involved in this contract are John Smith, contractor, and Tom Brown, owner. This contract is being used for the construction of an office building for Tom Brown. Laws Governing the Contract The laws that govern this contract are those of
Contract Proposal This paragraph serves as the introduction to this contract proposal report. The contract will be written from the government's perspective as far as the fencing project goes and will cover the seven main points asked for in the assignment parameters. In order, those parameters are the purpose of the federal program and the historical context therein. Second, the small business set-aside program (SBSP) will be evaluated based on eligibility
The international and highly multicultural nature of the software industry can at times assuage feelings of unfair practices, but at other times factions can emerge that claim -- rightly or wrongly -- unfair treatment based on nationality or religion. Women, too, often feel (and often are) undervalued in the software industry, especially in lower-level positions. Wrongful discharge complaints are not as common, but the high level of competition in
These different elements are important, because they make it difficult for the federal government to adjustment to large scale projects. This is problematic, because it means that inevitable cost overruns and delays will occur (despite using these agreements to deal with these issues). (Carr, 2004) Discuss which element(s) of cost-reimbursement contracts tend to produce the biggest troubles for contractors and why. The biggest elements that are giving contractors the largest challenges
Thus, the per capita tax revenue is presented in Table 5. Table 5: Ratio: Per Capital Tax Revenue ($Million) New York Activities 2010 2009 Tax Revenue $58,039 $55,804 Total Population 19,378,102 19,378,102 Ratio: Per Capital Tax Revenue $2,995: 1 $2,880: 1 Pennsylvania Tax Revenue $28,300 $27,600 Total Population 12,702,379 12,702,379 Ratio: Per Capital Tax Revenue $2,228:1 $2,173:1 The findings from table 5 reveal that both states record increase in per capital tax revenue at the end of the fiscal years 2009 to 2010. In the New York, the government realizes ratio of $2,880 per
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