A Case Of Innocent Misrepresentation Essay

991 Words May 6th, 2016 4 Pages
Since an offer can only be revoked before an acceptance, Jack was only able to enter into contract with another party if Blair and Chuck had not already accepted the contract.
However, as the letter was posted on the 21st, according to postal acceptance rule, acceptance will be complete when letter is posted, even if acceptance is lost in the post and offeror never receives it, there is a contract on the date of posting. This was developed on the basis that an offeror who is prepared to accept a mailed acceptance should take the risk of loss or delay in the mail.
While Jack may argue that he had not received the offer; the explicit terms were that the acceptance land up at his table (office). Therefore, the agreement entered with the other firm is non existential and has no legal effect. The original contract remains. No damage can be claimed as this is a case of innocent misrepresentation.
If, however, Jack can prove that Blair and Chuck were aware of the agreement with the offshore firm and consequently posted their acceptance, the original contract becomes voidable. However, Blair and Chuck might claim damages for eviction as Jack took eviction action before legal conclusion.
Original contract remains. Blair and Chuck might pursue claims due to illegal eviction.
This is a case of partial breach of contract, as while Serena provided advice to CourseChamp, she violated the terms of the contract when she notoriously utilised full access not for personal study, but to…

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