An offer is an expression of willingness to contract on specified terms, requiring only acceptance for a binding agreement to be formed. In other words, an offer is made when one party makes it clear, by actions or words that he is prepared to be bound as soon as the offer is accepted by the party to whom it is made. Offer can be classified into unilateral offers, bilateral offers and counter offers. Storer v Manchester City Council Defendant sent plaintiff a document titled ‘Agreement for Sale’ and the letter indicates that if Mr. Storer sign the Agreement and return it, the defendant will send Mr. Storer the Agreement signed on behalf of the council in exchange. Therefore, Mr. Storer signed and returned the ‘Agreement for Sale’, however, the defendant refused to sell the property to Mr. Storer. The court held that to a reasonable man, the defendant letter appeared to commit to sell …show more content…
Such case is Carlill v Carbolic Smoke Ball. Goldthorpe v Logan Goldthorpe react to Logan’s newspaper advertisement that claimed “Result Guaranteed” to remove hair through electrolysis. A nurse told Goldthorpe that her face will be definitely “cleared” with no physical exam. In spite of the treatment, Goldthorpe’s facial hairs still continue to grow and Goldthorpe brought a legal lawsuit against Logan. The Court of Appeal made a decision that awarded Goldthorne the cost of the treatment and $100 for the loss of expectation. This decision is made because the defendants were careless in their promise where they did not suggest that the “result may vary” so this suggested no exceptions for their guarantees. This case was a unilateral offer made to the whole world which the plaintiff accepted by submitting to the procedure but the defendant did not live up to the terms of the promise and thus breached the contract. Lefkowitz v Great Minneapolis Surplus
Whether oral or written, the contract must manifest a mutual intent to be bound expressed in a manner capable of being understood, and include a definite offer, unconditional acceptance and consideration.” (Express Contract 2016) The above definition is a much clearer explanation with key elements outlined; 1. mutual intent, 2, expressed in a manner capable of being understood, 3. definite offer, 4. unconditional acceptance and 5. Consideration.
However in correspondence of 21st March1952 the defendant instigated an alteration to the legal position of both parties, by offering to commence "without prejudice" the delivery instruction covering the balance of bullets, provided that the final delivery would not be made later than 30th September 1952. The plaintiff first repudiated this offer on the 3rd April, but by the 4th of June 1952, a second critical letter was sent out by the plaintiff's solicitor stating its acceptance of the defendant's offer. On 8th July 1952, the defendant propose that it will only purchase 800,000 bullets as opposed to the contracted amount of 1,800,000(less 200,000 which had been delivered and paid) as the contract on the 2nd August had not been accepted by the plaintiff which denied it. And no delivery instructions were given by the defendant on or before the 30th September.
Jones was party to the contract and mortgage together with Mrs Jones as surety for her husband, even though Mrs Jones was the actual owner of the property. This produced a legal consequence as it affected the appellants with a conduct on the part of the husband in relation to his wife which raised equities in her favour against the indication of a mortgage. The husband exercised undue influence on Mrs Jones to procure her signature to the mortgage which consisted of no consideration. The plaintiff brought proceedings against the defendant upon a contract to pay interest and principal contained in the mortgage over the property at Walkerville owned by Mrs Jones. It was understood that Mrs Jones executed the mortgage without understanding the effect of the contract and presumed various false misrepresentations. She argued that the mortgage which she s...
The negotiations were successful! An agreement was reached and I got the job! This success was due in large part to the extensive planning prior to the negotiation with Robust Routers. Planning is critical to a successful outcome when negotiating (Lewicki, Saunders & Barry, 2011). This was especially true in negotiating this job offer as the bargaining mix included items as varied as state of residence, salary and even stock options. Also of great benefit was that both sides realized that the while the outcome was important the relationship would be protected and even strengthened as a result of our collaborative negotiation (Lewicki, Saunders & Barry, 2011).
The ethical discernment model described by Slosar (2004) and developed for use at Ascension Health will assist us as we analyze this case. It reminds us that discernment engages our spirituality, intellect, imagination, intuition, and beliefs. It is decision-making that reaches into the heart of our beliefs about God, creation, others, and ourselves. It therefore requires structured time for reflection and prayer from the beginning and throughout the process.
-Court must be convinced that failure to comply with an agreement will lead to one of the parties to suffer prejudice. Court will protect innocent party, will provide remedy
I read Management: Manage teams, lead effectively and build trust in the workplace. By Derek Stanzma. This book describes how to hire a good manager and strategies to help become a successful manager. It is to instruct a manager on how to help others to become sufficient in their job and to learn how to motivate others to give their best in their job duties. Also it gives tips for how to hire a good manager. As a manager you need to not only manage others, you need to know how to effectively instruct those you manage on completing their jobs. The role of a manager is very demanding, as a manager you have a large amount of duties and it is important that you fulfill these duties in an efficient manner.
This case study is intended to analyze the movie When a Man Loves a Woman, and to provide worst and best case scenarios for treatment. This film depicts a family that is struggling with a family member’s alcoholic dependency. The mother, Alice Green, is a school counselor who has an addiction to alcohol that is causing her to experience problems in her life as a result of her use. Her husband, Michael Green, is an airline pilot that is very protective Alice and often steps in and takes over for Alice, even in her role as a mother. Alice has two children, Jess and Casey, which also bear witness to their mother’s deterioration from alcohol addiction.
An offer can be made to one person or a group of persons or to the world at large. The offeror is bound to fulfil the terms of his offer once it is accepted. The offer may be made in writing, by words or conduct.
This judgment given set criterion which is still been used in the modern court system and due to this case it was developed that an offer of contract can be unilateral and doesn’t have to be made to a specific party only. Also it was developed to that the acceptance of an offer does not require a notification and that once the concerned party purchases the product the contract is active then and there itself. And it was also established that purchase of an item is a fine example of consideration and therefore makes it a valid contract. (Smith, 2000).
The person who makes the offer is known as ‘offeror’ or ‘promisor’. (Lee and Detta, 2009) An offer can be made in the method of orally, by conduct, writing or by the mixture of these forms. An offer must require effective communication with the offeree. The formation of a contract when the offeree accepts the proposal.
Law for Business Students defines offer as a full clear statement of terms on which the offeror is prepared to do business with the person(s) to whom the offer is communicated. In Gunthing V Lynne [1831] it was stated that an offer cannot be vague. Acceptance is the unconditional assent to the terms
A valid contract is an agreement including promises made between two or more parties with an intention of certain legal rights and legal responsibility that are enforceable. For there to be a contract – that must contain four essential elements- offer, acceptance, intention to create legal relations and consideration.
Agreement is a mutual understanding of two parties and willing to accept terms and conditions in order to form a legal contract (Penthony et al.2014). Agreement consists of two components; offer and acceptance. Offer is made by an offeror in an exchange for performance from another party on certain terms while acceptance is the action of accepting to the terms of the offer. An offer must follow the requirement in order to form
In everyday interaction a great number of offering occurs. People usually offer help, a drink, a ride,an item, money, etc. and in return it can be accepted or refused by the other party. Austin (1962) states that offering is a kind of commisive speech act. In an offer , a speaker expresses his willing to do something for somebody or give something to someone . Searle’s (1969), says that offers involve commitment on the part of the speaker to perform an act for the sake of the addressee.