Treats

In contract law, evocation means an offer is withdrawn by the offerer. The general rule was established in Payne v Cave that an offer can be revoked at any time before the communication of acceptance is complete. Nevertheless, once the offer is accepted by the offeree by post, specifically, letter, the postal rule would strictly apply and would not permit such withdrawal. Contrary, once the offer is accepted, it cannot be revoked or else, the it would be considered as a breach of contract.…

1.1 Clearly explain what requirements must be in place for a Contract to exist between two parties: A contract is a legally binding agreement offering rights and imposing obligations of specific terms between two or more persons (or entities) in which there is a set of promises in re-turn for a benefit (a consideration). The legal bind is only applicable upon the party or ‘privy’ who enter the contract. For a contract to exist between two parties there must be evidence of the following…

Qantas, like other Australian companies will have to shift to AASB 15 regulations when they come into effect in 2018. The regulations set guidelines for recognition of revenues. Indeed, it requires that revenues are recognized in a way that it is representative of goods/services that an entity has promised to transfer to consumers on basis of values that reflect the entity’s expectations in return for the goods/services supplied. a) Outline how companies are required to account for revenue…

1. Name three specific cyber issues that have necessitated new laws. 1) Credit card fraud. 2) Cyberstalking. 3) Theft of intellectual property and Identity theft. 2. What are the elements required to form a contract?  Offer and acceptance: • Offer must be specific, complete, capable of acceptance and made with the intention of being bound by acceptance. • An acceptance is a final and unqualified expression of assent to an offer that is made in response to an offer and corresponds with the…

Homework Assignment #2 1. Case 8.1 “Unilateral Contract” The "Pioneer Trail Ultramarathon" had an advertised prize of $10,000 but Rocky reserved the right to change the terms of the race at any time. Although his actions are shady and deceptive in my opinion, there was not a breech of contract. His decision to change the prize from $10,000 to $1,000 was within the rules stated in his legally enforceable unilateral contract. 2. Case 8.2 “Intention” Sullivan merely stated he would not take…

advertisement manner. A suggestion or thesis will be used, a suggestion that: ‘If Carbolic Smoke Ball Company did not deposit £1000 into said bank, their sincerity wouldn 't of been showed and the £100 reward would of been merely an invitation to treat’ To discuss the normal view of offer and acceptance between a business and a consumer. One must look at what constitutes offer and acceptance. An offer is an expression of willingness to contract within a specific set of terms. This is made,…

Rehaf AL Sehli Getting to Yes, Fisher and Ury. pp. 1-106 Principals of negotiation according to Roger Fisher and William Ury are: Chapter I: The Problem 1- Don’t bargain over positions Taking positions between parties could provide an anchor in an uncertain and pressured situation which leads to an acceptable agreement. Positional bargaining fails to meet the basic criteria of producing a wise agreement if agreement is possible, efficiently and amicably. There are some methods of why…

While it is easy for one to give up on their goals and move on, one can truly show strength by conquering the various challenges on their way to success. Homer’s, The Odyssey, is able to depict how persistence can lead to fulfillment. Homer’s purpose in the epic poem The Odyssey is to show society that though there are setbacks in life, one can overcome them with perseverance by employing katabasis by emphasize the various struggles Odysseus faces. Homer utilizes katabasis initially to…

1. (a) Going through Naiker’s case, we will be concluding if there is an enforceable contract or there is not an enforceable contract. In Naiker’s case, Ahmad is the offeror and Naiker himself is the offeree. Basically, Naiker somehow developed an interest in playing the piano, and he wanted to purchase a second hand piano for learning purposes. Ahmad knew about it and he decided to post an offer by letter to Naiker to sell his piano on Monday 2 June stating, “Good quality piano for sale $2,500.…

Introduction The major issue of the case was (1) whether there was a constructive trust and (2) whether the certainty of interest in the property justified its existence. This was the first case to apply the principles laid down in Cobbe v Yeoman’s Row Management Ltd, distinguishing interest pursuant to formal written agreements from interest in property. In addition, Mr. Justice Morgan in Herbert (para 91) touched on the topic of certainty in constructive trust and in contract. This case…