Advertisements are generally treated as invitation to treat (Harris v. Nickerson ). There are certain exceptions to this the reasoning based on intention and certainty. (Carlill v Carbolic Smoke Ball Co, a case on unilateral offer.)1.
An offer on the other hand has been defined as an unequivocal willingness by a party known as the offeror to enter into a contract on stated terms and provided that such terms would be accepted by the person to whom the offer is made (offeree) a contract would come into existence.
Acceptance has been defined as the unconditional acquiesce to the terms that were laid down by the offeror. The important aspects of acceptance are that it should be unconditional and must be communicated to the. ( Holwell Securities v. Hughes2) . A number of exceptions have developed in respect of communication, one of them being the postal rule, whereby acceptance takes place as soon as a letter is posted. As far as instantaneous means of communication is concerned it can be said that the postal rule in Adams v. Lindsell3 of acceptance is not applicable and thus actual communication of acceptance needs to be done (Mondial Shipping and Chartering BV v. Astarte Shipping Ltd4).
As far as silence constituting to be acceptance is concerned, the courts have been consistent in their approach that silence would not constitute as acceptance and acceptance needs to be communicated or can occur by way of conduct. (Felthouse v. Bendley)5 .
The advertisement that was placed cannot be classified as a unilateral offer as the facts do not show the requisite certainty and unconditional offer, thus it is evident that the advertisement is an invitation to treat.
In line with the discussion with Mary, the offer of Rose was made and communicated to Mary, however, the problem lies in the fact that even though there Mary responded and accepted the offer, it was never communicated to Rose and so in line with authorities on instantaneous communication it can be concluded ...
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(Business Law Essay Example | Topics and Well Written Essays - 1500 Words - 2)
“Business Law Essay Example | Topics and Well Written Essays - 1500 Words - 2”, n.d. https://studentshare.net/miscellaneous/434033-business-law-essay.
Nonetheless, this division of law is very extensive, even though it transacts principally with defining the responsibilities and rights of businesses, instead of implementing these laws. Since it has an widespread range, Business law has generated a huge number of legal procedure part subcategories, which comprise of Banking, Sales and Secured Transactions, Landlord-Tenant, Real Estate Transactions, Mortgages, Debtor and Creditor, Consumer Credit, Bankruptcy, Contracts, and Negotiable Instruments.
In that respect it is important to differentiate between commercial arrangements, where there is said to be presumption that the intention of the parties is to be legally unless expressly stipulated by the parties. Contrary to that in respect of domestic arrangements or in other words social agreement, the element of unenforceability is present on the basis of public policy and this is more than evident in instances where the parties are parents and children.
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The United States Court of Appeals for the Second Circuit reconsidered the lower courts grant of dismissal, in light of whether Hong Kong may be regarded as a "foreign state" for the purpose of bringing suit in a U.S. court (alienage jurisdiction).
The relevant laws in this case are U.S.
In many states, if both parties enter into an agreement that is fully discernible by the laws of that state then they are both expected to uphold their end of the agreement. If one does not do so then a contingency can occur which can make the sales contract fall into a null and void contract (Reality Times, 2004).
are inapplicable in respect of certain matters that render the quality of goods unsatisfactory, namely, facts that have been specifically made known to the purchaser prior to the formation of the contract; before the contract had been made, the goods had been examined by the
Is it negotiable? If not, why not?
A negotiable instrument is written and signed document by the person drawing or making it with an unconditional promise to make some fixed payments later or on demand to a specific person, whose name also appear
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