Once this process ceases, the parties are supposed to reach an agreement or abandon the process without an agreement. The traditional way of ascertaining whether or not an agreement has been reached is to apply the rules of offer and acceptance. An offer, when properly made by one party and accepted by another party, an agreement is said to take place. That is, on acceptance or at the moment of communication of acceptance, to be more precise. Though the process is simple, it raises several questions as to whether an offer has been made at all and who the offeror is.An offer can be made at auctions, tenders, by price list or advertisements. But these are not strictly offers but invitation to treat. See Pharmaceutical Society of Great Britain v Boots 2 The offer comes in variety of forms that a formal communication of acceptance is not necessary in all cases. For example, advertisement of rewards and offers to the whole world. See Carlil v Carbolic Smoke ball & Co 3 Some times, question arises as to whether a silence can amount to acceptance. The agreement so formed by the process of offer and acceptance, should be supported by another element known as “consideration”. Consideration is something what the offeror and the acceptor are prepared to exchange for what he has been offered or has accepted.4 Gratuitous promises cannot be enforced as was established in Re Hudson,5 wherein Hudson’s executors were sued after his death for moneys owed by him on account of balance of donation he had promised give @ £ 4,000 per year for five years. The court held that money had been promised to be paid by him merely as a charity and not in exchange of some thing the donees had given him in return what is known as consideration in law. The position would have been different had Hudson executed a gift deed which could not be construed as a contract in any case. Thus, an offer is a proposal or promise by one person to another ...
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(“Common Law Essay Example | Topics and Well Written Essays - 2000 words - 1”, n.d.)
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(Common Law Essay Example | Topics and Well Written Essays - 2000 Words - 1)
“Common Law Essay Example | Topics and Well Written Essays - 2000 Words - 1”, n.d. https://studentshare.net/miscellaneous/385620-common-law.
The important decision in respect of contract can be said to be Smith v Hughes , wherein the courts laid down the subjective as well as the objective test was laid down so as to determine whether a contract was existent or not.
The common law will be applied only where it is impossible to choose between the parties to the litigation in accordance with the principle that where there is equal equity, the law shall prevail. Therefore, in a situation in which there is no clear distinction to be drawn between parties as to which of them has the better claim in equity, the common law principle which best fits the case is applied (Hudson, 2004, p.9).
People will work harder for appreciation than they will for money.
Recognition and communication are key elements in a successful company. Richard Ellsworth (2002) explores the corporate mentality and challenges the conventional wisdom that corporations should be dedicated to the creation of shareholder wealth.
(Eldon) In the early beginnings of common law it was for the most part a product of three English courts-King's Bench, Exchequer, and the Court of Common Pleas-"which competed successfully against other courts for jurisdiction and developed a distinctive body of doctrine." (Holmes)
Therefore this type of law is customary and provides the basic framework for a constantly changing legal paradigm that adjusts itself to new cases and appeals, but is still based on the principles of natural law combined with principles of civil law. "Civil law rests upon justice as its foundation, and hence civil law does not establish justice, but rather accepts it as the guiding light of legislation.
The Judicature Act 1873-1875 resulted in the integration of both of these laws into the new High Court of Justice. As a consequence of this act, one court exercised the principles of both common law and equity (Edwards, 2000). However, it is important to
ould require super fast and uninterrupted broadband connection continuously for the purposes of her job and that this was fundamental to her requirements in entering into the contract with CableFast. Accordingly, the fact that the connection did not work between 6pm and 9pm and
ties arising out of breach of such duties or torts and the rights of persons suffering from such torts or being injured or suffering damages as a result of various sorts of tort. Courts have awarded damages to the injured and have also issued injunctions to prevent further