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  • Dorothy And Brian Case Study

    the contract between Dorothy and Brian come into existence? In particular, was Dorothy obligated to sell her house to Brian? R: Offer and counter-offer “An invitation to treat is essentially an indication that a person is prepared to negotiate” “Acceptance cannot be interfered from the silence or inaction of the offeree” . A: Brian offered to buy Dorothy’s house and Dorothy replied Brian that she would sell the house for $2.000.000. Brian countered Dorothy’s offer with four installments over…

    Words: 1312 - Pages: 6
  • Moonbeam Vs Tang Essay

    contract is formed when acceptance of an offer is met according to the CISG. As per Art14 Moonbeam clearly accepts Tang’s offer to purchase the hairdryers as Moonbeam’s intent to be bound is evident through agreeing to sell the hairdryers and is sufficiently definite - the quantity of 5,000 is specified and the price can be assumed as being included in the proposal, and it can be implied the parties made reference to the price generally charged for such goods. Acceptance…

    Words: 863 - Pages: 4
  • Shanklin Pier V. Detel Products Ltd.

    Privity of contract is the relationship that exists between the parties to an agreement. This relationship is necessary in contracts; therefore, if you want to lodge a suit regarding a contract, you need to prove that you and the other individual were in privity of contract; hence, you were both involved in the contract and had an established contractual relationship. In addition, a doctrine of contract law that precludes any person from seeking the enforcement of a contract, or suing on its…

    Words: 2205 - Pages: 9
  • Theories Of The Case Of Carlill Vs. Carbolic Smoke Ball Co.

    commitment. Formation of a valid contract must contain the elements; offer and agreement, consideration and Intention. An offer is a definite statement of willingness to be bound on specified terms. Acceptance can be defined as approving to all the terms of an offer (CIMA, 2015). Offer and acceptance should be able to bind the parties, for the two minds to meet also known as consensus ad idem (Merwe, 2003). If the two minds are unable to meet, then it means that the offer will…

    Words: 2739 - Pages: 11
  • Invitation To Treat Case Study

    James, Adjou, Sylvia, Bob and Tim (represented by Ian) require identifying and advice as to the applicability of relevant contract and tort/delict principles to the current scenario presented in the problem question. Before proceeding with advising the individual’s, we need to check the validity of the contract and to establish the note displayed on the car windscreen is “Invitation to Treat” (or) “Offer”. The difference between the two is significant and need to be specifically identify, as…

    Words: 765 - Pages: 4
  • Ethical Issues In Contract Law

    business transaction which is legally binding and both parties have interests over it. All legally confined contracts should portray the necessary elements of a contract. One of the elements is mutual assent-the parties should agree on an offer and acceptance basis for the contract to be valid. There should also be consideration either by one party affirming that I will do as the contract says or in monetary terms. The party entering into a contract should also have the capacity i.e. of sound…

    Words: 835 - Pages: 4
  • Promissory Estoppel Research Paper

    This essay will define promissory estoppel within English Law. Promissory Estoppel is defined within English Law as a principle of justice, and can also be referred to in earlier cases as ‘equitable estoppel’ . This means that a promise made can be enforceable by law, even if there hasn’t been a formal consideration, meaning that it is a legally binding contract. Promissory Estoppel falls under contract law and has enabled legal obligations, meaning a person who has entered in to a contract…

    Words: 1130 - Pages: 5
  • Backoffice Business Ethics

    Business Law and Ethics Project After reviewing your proposal for the new app, BackOffice, I’d like to make you aware of a few items prior to you launching the new app. When launching any new product or service, it’s critical you and your company are aware of the legalities, regulations, and any additional items that can be detrimental both financially and legally to your company if you don’t abide by them. To begin, it’s crucial you’re aware of your constitutional rights and guarantees as…

    Words: 4125 - Pages: 17
  • Cathy V Eric Case Study

    1) Cathy v Eric An oral contract exists between Cathy and Eric as the requirements for the existence of a contract were fulfilled. There must be an offer and acceptance that had consideration and an intent to create legal relations. Consideration can be seen between the payment from Cathy to Eric. A term of the oral contract was that Eric’s farm land would be suitable for installing a marquee. This was found false and Cathy had to pay additional costs to prepare the land for the marquee. Hence…

    Words: 1381 - Pages: 6
  • Promissory Estoppel Essay

    is a legally binding agreement in law between two or more parties, which is enforced by law or by binding arbitration if it covers the elements of a valid legal agreement. For there to be a valid contract, three elements must be present, offer, acceptance, and consideration. If there is no consideration, there is no contract; however, with promissory estoppel instead of consideration, if there is a promise which induces reliance, the court would find some sort of liability for the promise.…

    Words: 707 - Pages: 3
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