The Last Meeting

This case has multiple issues that need to be discussed and clarified. First of all, Cory advances an advertisement regarding selling his computer. He then affirms that the binding will start 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…

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…

Particularly, the most important elements to determine whether the contract between TimberCo and BuildCo is enforceable are the agreement. A business or commercial agreement is usually intended to make a contract so as to TimberCo and BuildCo. Basically, 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…

To Arataki, I am writing this report to illustrate the implications of the amendment 13A in the Electronic Transactions Act 2002 (ETA). The reason for the amendment was to gain certainty of when acceptance occurs in forming contracts by electronic communication. This affects eTrade for the reason that when acceptance has occurred the business is liable to perform the contract. Analysing the current law, there is a lack of certainty in regards to time of receipt and risk is heavily weighted on…

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…

Abstract: Contract is an agreement enforceable by law. An agreement consists of two important things, offer and acceptance. Offer and Acceptance is a conventional approach in contract law which is used to decide when an agreement exists between two parties. In order to form a contract, there must be an offer by one person to another and an acceptance of that offer by the person to whom is made. Acceptance in order to be legally binding, it is appropriate to fulfill three main rules. To start…

Sally’s call is an invitation to treat as in British Car Auctions v Wright. The car in the case had not been offered for sale and there was only an invitation to treat; so is Sally’s phone call. He invites Ron to answer the questionnaire but if Ron declines the invitation there are no consequences as he is not contractually bound by the call. The issue raised by the question is whether Sally’s call constitutes an offer. If it does, Ron’s answer of the question is an acceptance of the offer,…

This essay seeks to discuss the Doctrine of Promissory Estoppel and the Doctrine of Consideration, as well as a clear analysis, with the use of case law, how Promissory Estoppel has become an exception to the general principle that a promise may only be enforced if it is supported by good consideration; it will ultimately conclude whether or not a promise to accept a smaller sum in discharge of a larger sum, if acted upon, is binding notwithstanding the absence of consideration. A contract is a…

The given question has dealt with the area of private express trusts under which one must consider whether the question represent the constitution and three certainties. In order to consider the given issue as a private trust we must first consider whether it fulfills the requirements of creating a trust. Which can be acquired by considering various requirements such as capacity, formality, legality and public policy etc. When considering what is the impact of equity ; general…

: Does a contract exist between Johnny and Marie? Law: In accordance with the general principles of contract law, a contract is a legally enforceable agreement between two or more people. For a contract to establish, there must be a/an: • Agreement between the parties. - One person (offeror) makes an offer. - The other person (offeree) accepts offer. - Offeree communicates acceptance to the offeror. • Intention of forming legal relations between the parties. - an…