StudentShare solutions
Triangle menu

Legal Environment of Business and Employment - Coursework Example

Nobody downloaded yet
In order to determine whether there was a valid legal contract between A2Z Co. Ltd and Bling Stores and to best advice the parties it is necessary to discuss the above mentioned essential elements for formation of a contract and how the presence of each element is achieved. An offer has been defined as an expression of willingness by one party known as the offeror, to contract or be bound on stated terms, provided that such terms are accepted by the party to whom the offer is made that is the offeree. The courts have drawn a distinction between an offer and an invitation to treat, as the latter is merely an expression of willingness by one party to enter into negotiations and is not unconditional and there is a lack of intention to create legal relations. The most important and land mark cases which distinguished between an offer and invitation to treat are of Gibson v Manchester City Council1 and Storer v Manchester City Council2. In Gibson, where treasurer had sent a letter to Mr. Gibson, stating that council may be prepared to sell the house, was held to be an invitation to treat, which was further confirmed by the fact that Mr. Gibson was asked to make a formal application to purchase the house. The courts therefore took into account the correspondence between the parties. However, in Storer the courts found that a contract had come into existence as negotiations had moved beyond what had happened in Gibson but an exchange of contracts had not taken place. These cases clearly point out that fact that judges can interpret and differ in the results and so the decision would be said to be based on its own facts. The next step is that of acceptance. The general rule for the acceptance of an offer is that the offer should be accepted unconditionally and must be communicated to the offeror. (Holwell Securities v. Hughes3). However there are certain exception to this general rule and one of them is the infamous postal rule. The postal rule states that when an acceptance is sent by means of a post, it takes place as soon as the letter is validly posted. (Adams v. Lindsell)4, furthermore Instanta Instantaneous modes of communication has lately been scrutinized by the courts (Lord Wilberforce in Brinkibon Ltd. v Stahag Stahl GmbH)5, however the problem of when acceptance is effective has clearly not been addressed and still lies in an area of uncertainty. instantaneous modes of communication has lately been scrutinized by the, however it is a settled law that a communication made through instant mode of communication is deemed effective if it is despatched and received during working hours i.e if a fax is sent on Sunday evening it will only deemed to be effectively communicated on Monday morning, when office working hours start. Acceptance must be looked into carefully, as the fact that it must be unconditional is strict and so if new terms and conditions are introduced that would not be acceptance and would merely be a counter offer, which can then be accepted by the original offeror, who now becomes the offeree as in (Hyde v Wrench)6.If the offeree does not accept all the terms and conditions proposed by the offeror and introduces new terms to the original offer is not an acceptance but a counter offer which kills the original offer The general rule for acceptance is that communication must actually be made to ...Show more


Law of Contract 1. This question pertains to the basic formation of contract and focuses most importantly on the postal rule, law in respect of instant communication devices and whether the contract in this particular case was breached. The formation of contracts and its legal effectiveness is a subject which has been critically reviewed in case law and statutes…
Author : catherineratke
Legal Environment of Business and Employment essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the coursework on your topic
"Legal Environment of Business and Employment"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Business Environment
The basic problem of an economy is about scarcity and choice as there is limited number of resources disposable in producing the unlimited quantity of goods and services that are desirable and meets the human’s ever-growing demand for an improved standard of living or lifestyle.
8 pages (2000 words) Coursework
There is a rapid technological growth in the world today, and despite fears that most companies adapt development technologies from overseas, the rapid advance of ideas and the demand for constant upgrades assures technology professionals of job security in the next five years.
7 pages (1750 words) Coursework
Employment Law
The original tests of employment included the aspect of control, which further introduced the concepts of integration and economic reality. Further, there has been borrowing from American jurisprudence, and thus the following of what has been known as a multiple or composite test.
6 pages (1500 words) Coursework
Business Environment and Investment Climate
And fifth, based on the prices and the numbers of buyers of those goods, sellers can decide how many of the goods to produce; at the same time, based on the prices and the number of sellers, buyers can also decide how, whether, and how much to buy. Since goods are bought and sold in the market, depending on the price, quantities, and the numbers of buyers and sellers, the market system is seen by many as the best mechanism for allocating scarce resources and thereby encouraging a positive investment climate.
20 pages (5000 words) Coursework
Business environment
The price is set at MC = MR =P =AR=AD as below indicated. The advantages are effective allocation of resources, free information, consumer sovereignty and normal profits are made. However, the cons are lack of economies of
1 pages (250 words) Coursework
Business environment
2012). As such, different individuals demand specific treatment with reference to cultural diversification. The airline’s mandates revolve around providing memorable
1 pages (250 words) Coursework
Business Environment - Meeting global and local needs
The responsibilities of this organisation type in recent years have extended to public service (Fletcher, 2005). Charitable: Charitable organisations are
10 pages (2500 words) Coursework
Legal and ethical issues in the business environment
Three theories of ethics have been discussed in the paper to justify steps that an employer can consider in such situations and certain recommendations have been proposed so that situation of substance misuse at workplace can be resolved appropriately.
10 pages (2500 words) Coursework
Employment Business Law
The airline is responsible for renting hotel rooms for its workers as opposed to them going home at the end of a working day. This mostly happens when the attendants are in a foreign country. Though the airline does not recommend
1 pages (250 words) Coursework
Business environment
This diminishing boundary has led to internationalization of bilateral trade and business thereby allowing companies all over the world to expand their reach in regions other than its
8 pages (2000 words) Coursework
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
Comments (0)
Click to create a comment
Let us find you another Coursework on topic Legal Environment of Business and Employment for FREE!
Contact us:
Contact Us Now
  • About StudentShare

  • Testimonials

  • FAQ

  • Blog

  • Free Essays
  • New Essays
  • Essays

  • The Newest Essay Topics
Join us:
Contact Us