according to the date of the acceptance. His first offer comes by email, but encounters some faults that delay its arrival. The email is followed by a fax that counter-offers the initial proposed price. The offer Firstly, it should be discussed if the proposal constitutes an offer or an invitation to treat. If it contains sufficiently clear terms to form a contract and if it indicates that the party is prepared to be bound, then it constitutes an offer. On the other hand, an invitation to treat…
In order to determine Ms. Gale’s (“Gale”) course of action against Mr. Branch (“Branch”), it is first crucial to decide whether a contract has been formed? Here, the clearest indication that a contract exists is in the written letter signed by Branch to Gale. In his letter, Branch begins by writing that “for valuable consideration” he will give Gale an option of 120 days to purchase his horse Tinman for $500,000. The letter goes on to include that the horse will be warranted until the date of…
COMPROMISE SETTLEMENT AGREEMENT This Compromise Settlement Agreement (“Agreement”) is made and entered into effective as of May 2, 2016, among Osceola SC, LLC d/b/a St. Cloud Regional Medical Center (“Hospital”), Carmen Sierra, M.D. (“Physician”), and Central Florida Internists, Inc. (“Practice”) (each, a “Party,” and together, “the Parties”). RECITALS WHEREAS, the Parties entered into a Recruitment Agreement on or about April 20, 2014 under which, among other things, Physician agreed to…
the agreement will involve an invitation from an offeror to the parties it was intended to enter a contract and accept by an offeree who received the invitation. In this case, TimberCo is the offeror and BuildCo is the offeree. Under rules on offers, an offer can be revoked before acceptance and acceptance must be communicated to the offeror but there is an exception which is the postal acceptance rule. Meanwhile, the postal acceptance rule indicate a contract is formed when the moment the…
The issues that are brought up in this question deal with the concept of Offer and Acceptance, Agreement and Counter-offers. The main question that one should ask is: was there a binding contract between Cory and Eve? between Cory and Dan? or none? There is an initial unilateral offer of £300 put forward by Cory in order to sell his computer. The duration for which the offer is open to acceptance is not specified as it indicates no fixed time limit in which the offeree has to act, thus it will…
invoke promissory estopple, three elements must be fulfilled. The first element is that the promisor makes a promise that they believe will increase the likelihood an action they want will occur. In the case, this requirement is met when Aunt Jennie offers Jeremey $40,000 to go towards his first-year law school tuition and living expenses. Aunt Jennie believes that the $40,000 will entice Jeremey to attend law school, which was presumably Aunt Jennie’s goal. The second element is that the…
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…
1. When Asserting a Legal Principle Example: Intent is a required element of the plaintiff’s claim. Crenshaw v. Baldwin, 115 Cal. App. 4th 553, 557 (1979). 1. When Referring to or Describing the Content of an Authority Example: In an earlier opinion, the court held that intent was irrelevant. Crenshaw v. Baldwin, 115 Cal. App. 4th 553, 557 (1979). Example: The court reasoned that “the state of mind of the defendant had no impact on the extent of the damages suffered by the plaintiff.”…
seller’s obligation and vice versa. Both parties are contracting states and thus the Contracts for International Sale of Goods (CISG) is applicable to this question. A 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…
is no binding contract as the sellers failed to respond to the offer sent to them by Simon. The main objective of this paper is to determine whether there is a contract that binds Simon and Huddersford Bookshop. In the determination of the case, there are various legal issues that need to be addressed. These are an offer, acceptance, ITT, and remedies that should be accorded to the aggrieved parties in the case. To begin with, an offer is an explicit proposal that is given one party of the need…