Contract Law
In the presented scenario, Brian had been negotiating with Amy for several days without reaching agreement. They finally reached a compromise and agreed that the transaction would proceed. However, it appears as though there was a communication lapse because Amy's bid was higher than Brian's offer, which is unusual in such kind of transactions. Despite these facts, a contract is considered as legally binding if it contains the basic elements including an offer, acceptance and intention of legal consequences.
English contract law as seen in Powell v Lee (1908) 99 LT 284, establishes that an offer must be made by the offeror to the offeree himself or authorized agent.[footnoteRef:1] The law further considers an offer as entering into negotiations. On the other hand, acceptance is an important aspect of a contract. In Entores Ltd. v Miles Far East Corporation (1955) EWCA Civ 3 the ruling made it clear that acceptance occurs where the message of acceptance is read.[footnoteRef:2] In the presented scenario, this issue seems complicated. It is explained that Brian and Amy had trouble agreeing because they had negotiated for several days without reaching agreement. The last time they communicated before the final offer, Brian told Amy that he was prepared to offer the car for is $10,500. That night Amy wrote to Brian saying that she was ready to give $10,500 for the car and that she would need...
VOIDABLE CONTRACTUnit 3 A1: Mutual AgreementFrom the onset, it would be prudent to note that a voidable contract could be conceptualized as an agreement whose enforceability, from a legal standpoint, could be affected by several reasons or factors (Turner 137). The said reasons, according to Turner, could be inclusive of, but they are not limited to; undue influence, duress, mistake, misrepresentation, fraud, etc. (137). There are numerous voidable contract cases
Australian Consumer Law (ACL) is a broad-based law the impacts both businesses and consumers. The ACL represents a unified codification of a variety of prior product liability laws. In fact, one of its main benefits is that the law is applicable throughout Australia. Another major component of the law is that it imposes a strict liability standard on manufacturers and suppliers of goods, which was not a uniform standard prior
Employment at Will Thoroughly describe what steps you would take to address the following scenario involving skills, competence, and abilities: • The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently "tells" her boss that she is "a good worker and a genius" and that he does not "appreciate her." Even after a few months of training and support, she is unable
Globalization and American Health Care What explains the directionality of flows in health care? Patients, health workers, managerial practices? Globalization has brought in the information revolution and this has again brought changes in the medical profession and the way health care is being administered. It has also brought in unforeseen problems and expansion of the health care issues and running debates on health care is still strong. The flows of healthcare primarily
" This is significant because it shows how some critics of contrarian investing will often point to the various instances of speculation and assume that it is contrarian investing. In some cases the psychology of consumers can become so extreme, that the definition of what is speculative expands greatly. As a result, using contrarian investing in conjunction with other indicators / tools can help prudent investors and traders, be able to
European Union a state, or what else distinguishes it from other International Organizations The primary question concerning global organizations as a medium of global governance relates towards the quantity and excellence of this governance within an era where we now have an overdeveloped global economy as well as an under-developed global polity (Ougaard and Higgott, 2002). There's a powerful disconnect amid governance, being an efficient and effective collective solution-seeking process
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now