buyer’s call to cancel the order the UCC Section 2-206(1)(a) would apply stating “unless otherwise unambiguously indicated by the language or circumstances an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium resonate in the circumstances” (Law.Cornell.edu). In this case the contract was formed when the order for a custom toy train was received. Further support is provided in Section 2-206(2) which states “where the beginning of a requested…
California is battling with air pollution for a long time. In order to combat air pollution, California adopted "the Fleet Rules" in 2000, which required certain fleet operators (street sweepers, public fleet vehicles, public transit vehicles, garbage trucks, airport transportation vehicles, school buses, and heavy duty fleet vehicles) to limit automobile emission by purchasing low emissions vehicles. In the same year, the Engine Manufacturers’ Association (EMA) filed a lawsuit against the South…
Offer is defined by Treitel as an expression of willingness to enter into a contract with intention to create legal relation that it shall become binding obligation without any further negotiation, Offer can be in different form such as letter, email, newspaper advertisement, fax and conduct only if offeror is prepared to have a contract. Offer has 3 elements, 1: intention/willingness, 2: specified terms (method of payment) and 3: no further negotiation. There are two types advertisement, 1:…
This is a case of the dismissal of Ms K. Kavitha A/P Krishnan (the Claimant) by Aetins Sdn. Bhd. (the Company). In this case, the Claimant was a Senior HR and Admin Executive and she need to report to the Regional Operations Manager, Ms Saraswathy (COW2). The Claimant got married on 25 April 2012. Her colleagues and her superiors in the Company attended her wedding ceremony, including COW2. Her husband is Mr. Ravi A/L Subramaniam. The Claimant said Ms Cally, Law of the Company was fully aware…
The Common law principle that if an interest created in favour of a class failed with regard to some of the persons of that class, such interest failed as regards the whole class was expounded in the case of Leake v. Robinson . This principle was upheld in the case of Pearks v. Mosley . Under Hindu law, the gift to an unborn child was void. In the case of Rai Bishen Chand v. Asmaidd it was held by the Privy Council that a gift to an unborn grandson failed not because of the rules contained in…
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 the ‘invitation to treat’ cannot be accepted legally and an offer is an expression of willingness to contract on…
preparation as well as any other consultation services that maybe necessary. King & Queen P. A. agrees to pay Wayne Wannabe $40.00 per hour which will be billed monthly to King & Queen P. A. for all paralegal services rendered during the time of this contracts…
important to me. In everyday life, we keep our promises after we make them. If I say, “I promise that by Thursday night I’ll mow your grass,” you can tell by the end of Thursday night if I’m a woman of my word or not. I use promises as a binding contract that no matter what,…
What i have learned in relation to the objectives are; what a will, probate, living trust, and insurance is. My understanding of what a will is; a leagal document stating what the deceased persons wishes are and who personal estate will be distributed to. A testator is someone who makes the will describing how devise, legacy, and bequest will be handeled after the person has been deceased. Personal letters to family or close ones may also be included in a will. Making a will is very important,…
You asked me to discuss what a party to a contract must do to show he executed an agreement under duress for the purposes of rendering a contract voidable. Part I discusses the elements of duress. Part II discusses why signing a contract under economic duress does not generally render a contract voidable. Part III discusses the elements of undue influence as an alternative to duress. Discussion I. Duress Generally For a party to prove that he signed an agreement under duress, he must satisfy…