Introduction:
Law has been defined as a system of rule, it needs to be forced by social organizations in order to discipline people in general. This assignment is going to discuss whether both of parties has inappropriate behavior which result in loss of the benefits of each other. The knowledge related to this assignment will be through in relation to contract formation, offer and termination of an offer and acceptance in particular. Those series of law problems would be solved clearly and some similar case studies would be cited during the explanation.
First paragraph analysis:
In the first paragraph, there are a few questions should be tackled such as whether or not the promise between Harley and dealer is a contract. In perspectives, the
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Nevertheless, once dealer has accepted like what it is stated that he probably does sell the jeep after 4.00pm on the Tuesday if Harley fails to pay, he is probably responsible for his words as it can be considered as an offer, but it can be revoked by offeror. Otherwise, revocation, as one types of termination of the offer has applied in this case, which means an offer may be revoked at any time before acceptance, offeree is entitled to end up the offer before 4.00pm on Tuesday(Routledge v Grant[1828]). However, if the offeror promises to keep his offer for offeree in return of something, then the offer has been made and offeror is responsible to his promise like Byrne v Van Tienhoven(1880). In this case, Harley did not pay anything to the dealer in return of keeping the jeep car for her even though dealer has already accepted that he would not sell it until 4.00 pm on Tuesday. Theoretically, the offer can be revoked by dealer. In addition to that, there are many methods can be used to terminate the offer such as lapse of time, death and counter offer. Lapse of time is similar to revocation, which is the offer expires at the end of a reasonable time if there is no time limit such as Ramsgate Victoria …show more content…
At the moment, the contract is valid. According to postal rule, a letter of acceptance properly addressed and stamped is effective from the moment of posting even if it never arrives(Adams v Lindsell[1818], Household Fire v Grant[1879] and Holwell Securities v Hughes[1974]), but the postal rules only apply to acceptance and do not effect a posted offer or a posted revocation. In this case, the letter of acceptance has posted on Monday but arrived at 4.30pm on Tuesday, Harley still has the chance to buy the jeep because the offer by dealer has been already accepted when Harley sent his letter on Monday. The time of arrival on Tuesday can not be considered as a reason for breaching contract of expiration. During the form of contract, the legal duty of dealer is keep the jeep until 4.00pm on Tuesday. Later, the dealer has sold the jeep to someone else at 3.00pm on the Tuesday within the contract time as he is not having heard from Harley. He breaks his legal duties and is bound to the contract. Harley is able to sue the dealer if he can not compensate to her when she requires to purchase the jeep. In another circumstance, without any actual returns for dealer to keep his offer open, dealer will be entitled to withdraw the offer at any time before
The Mailbox Rule is an area of Utah state law that declares the contract to be effective once the person accepting terms of said contract delivers it to a mailbox. The buyers stated in Addendum No. 2 that if they had not heard back from the seller by 12 a.m. that day, they would consider their counteroffer accepted. The seller was aware of the Mailbox Rule and delivered the accepted contract to a mailbox at 10:15 p.m.. The seller then experienced a phenomenon known as seller’s remorse, and left a voice message for Jon and Marsha at 12:30 a.m., thirty minutes past the proposed
Takem’s is an appliance store in the state of Virginia serving the residents of the Appalachian regions of Virginia, Kentucky, Tennessee, and West Virginia. The business model which is currently being conducted in the appliance store has been called into question by one of the customers who has recently purchased a computer on credit. The owner of the store, Tommy, is now contemplating what should be done to handle this situation and protect his interest in the future. In this discourse, the author attempts to reveal to the reader the alleged infractions that Takem’s may be liable for regarding the situation with his customer, Ms. Sally
If an offeror makes an offer to an offeree by letter and it is lost in the mail, no legally sufficient offer has been made.
An acceptance is “a final and ineligible expression of assent to the terms of an offer”. Acceptance of an offer can be tenacious through the following guidelines: (1) the acceptance must be communicated with the intention of both parties to enter a mutual contract; however, the offer may be revoked prior to acceptance, (2) the offer can only accept the initial terms and can only be accepted by the intended offeree, (3) the offeree must accept the terms through a concrete method if authoritatively mandated by offeror. [Contracts Law: Offer and Acceptance]. Pine Trees failed to mention/incorporate their disclaimer of consequential damages in the initial terms, engendering a counter offer. (Aguilar Manufacturing v. Richfield)
However, the fact that acceptance to an offer has to be unqualified, unconditional and a rejected counter offer does not qualify to allow the reiterate the initial offer, shows that no legal obligations or contract was formed.
True/False – If you sign a contract to buy a car you a no longer covered by the consumer laws.
Nearly every aspect of law enforcement has a court decision that governs criteria. Most court rulings are the result of civil lawsuit towards a police officer and agency. However, currently, there is no law that mandates law enforcement driver training. When it comes to firearms, negligence by officers has resulted in a multitude of court rulings. Popow v. City of Margate, 1979, is a particularly interesting case that outlines failed firearms training by an agency. In this case, an officer chasing a suspect during a foot pursuit fired at the suspect, striking and killing an innocent bystander (Justia.com, 2017). The court ruled that the agency was “grossly negligent” of “failure to train” (Justia.com, 2017). As a result, nearly every agency requires annual firearms training and has written policy concerning the same. Officers must show proficiency in firearms use every year to maintain their certification. Many states even impose fines on officers for
5. Firm offers are available for up to 3 months maximum. Without any other consideration, a merchant can make a firm offer to keep the contract open for three months. Allie’s offer to sell her old Mustang convertible to her uncle for $5500 was classified as a firm offer and therefore the offer was only open for up to three months. Her uncle did not provide any money or anything that could be considered as consideration so Allie opened the contract with another individual.
When I turned twenty-two I was excited to purchase my first car, I had been saving for 5 years in order to obtain the car of my dreams. I knew exactly what I wanted, all the “bells and whistles”, and I knew exactly what I was willing to pay and not a penny more. I thought I had a strong knowledge of the sales and pricing of the particular car I was hoping to buy, because I had done my research for weeks browsing and comparing the Sunday car ads. I was assured that my knowledge of the sales would get me a fair price and a great deal. However, my overconfidence and naivety, in the “creepy” sales tactics used by the dealership, made me unaware of the three hour nightmare that was about to ensue; leaving me brokenhearted, angry and vowing to never step foot on a car lot again.
The plaintiff firm of surveyors bought a second-hand Rolls Royce from the defendants which developed serious defects after 2,000. It was held that the firm was acting as a consumer and that to buy in the course of a business 'the buying of cars must form at the very least an integral part of the buyer's business or a necessary incidental thereto'. It was emphasised that only in those circumstances could the buyer be said to be on equal footing with his seller in terms of bargaining strength.
An offer continues in existence, capable of acceptance until it is brought to an end.
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
Sia’s maximum that he would be willing to pay, is $12,000 and Mike’s minimum he would be willing to accept is $10,000. An agreement, if one is reached, will create $2,000 in integrative value compared with no deal, because Sia one-sidedly values the car $2,000 more than does Mike. How that $2,000 is divided between them whether, let 's say, the price agreed to is $10,000, $11,000, or $12,000 is a matter of distributive negotiating: any gain for Sia means pain for Mike, and the other way around. It’s, therefore, fair to describe this as generation of $2,000 in distributive value, distributed in accordance with distributive negotiating skills. On the other hand, what if Mike is an exceptional mechanic and enjoys spelunking in his spare time. Sia, conversely, can’t fix anything, and he hates having to take his car to unfamiliar mechanic shops since he fears that they will take advantage of him. These details propose that more integrative value might be created by the sale of the car if Mike will guarantee to repair any item that breaks for 9 months after the transaction. Let’s assume, for example, that this would cause Sia’s maximum price to increase to $12,500, while Mike minimum price would increase only to $10,200. Any deal that incorporated the repair agreement would be collaborative because it would generate more integrative value than the parties could achieve through the sale of the car alone. The additional $300 can be explained as the value that can be created by the negotiators’ integrative negotiating skills. “In addition, positive emotions make the parties less contentious and more optimistic about the future, which, in turn, increases the chances they will search for multiple alternatives and find a better integrative—win–win—agreement.
Since Carlill V Carbolic, acceptance has developed and can be achieved in various ways: in writing, oral or it may be inferred by conduct (lisa sturgreon). This requirement of complete performance was emphasised in Daulia V Four Millbank Nominees Ltd [1978] where Goff LJ stated: ‘I think the true view of a unilateral contract must in general be that the offeror is entitled to require full performance of the condition he has imposed and short of that he is not bound’ (see more Paul Richards). Furthermore, there is no need to give advance notice of such acceptance to the