Introduction
The common rules of offer and acceptance need to be considered in determining if Gordon formed a contract with Ritebuild Ltd before they purported to withdraw their offer.
Misrepresentation
If it is established that a misrepresentation has been made by Anderson’s sales representative, Gordon will be advised of a potential remedy under the Misrepresentation Act 1967
Contract Formation
Where a person invites for a particular project, the general rule is that the invitation to tender is an invitation to treat (Spencer v Harding 1870 ). An invitation to treat is simply an expression of willingness to enter into negotiations which, it is hoped, will lead to the conclusion of a contract at a later date. The offer is made by the person who submits the tender and the acceptance is made when the person inviting the tenders accepts one of them. An offer is an expression of willingness to be bound on acceptance of that offer on certain terms. Gordon invites various local builders to tender for the work to be done. Ritebuild Ltd response to an invitation to tender is not the acceptance of an offer but is an offer following an invitation to treat which can then be accepted or rejected by Gordon. In order to create a binding contract, the parties must express their agreement in a form which is sufficiently certain for the courts to enforce. Ritebuild Ltd terms are certain and there is an expression of willingness to be bound.
In order to have an enforceable contract there must be an offer which is accepted prior to any revocation of that offer. Acceptance is a final and unqualified assent to the terms of an offer. Acceptance must be effectively communicated to the offeror unless the need for communication has been waived, as in...
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...i-Nosh” software. At common law the courts have insisted upon precise restitution, but the harshness of this rule is mitigated by the intervention of equity. In equity a party who can make substantial, but not precise, restitution can rescind the contract if he returns the subject matter of the contract in its altered form and gives an account of any profits made through his use of the product together with an allowance for any deterioration in the product (Erlanger v New Sombrero Phosphate Co. 1878 ). Gordon cannot return the use that he has made of “Easi-Nosh” but he can make a money payment to Anderson Computers Ltd which will represent the use he has made of “Easi-Nosh” and the contract can be set aside.
With regard to fraudulent misrepresentation, the innocent party can recover damages whether or not they rescind the contract under the tort of deceit. Simila
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.
"A contract is a legally enforceable promise or set of promises. In other words, when promises have the status of contract, the contracting party harmed by a breach of the contract is entitled to obtain legal remedies against the breaching party" (Mallor et al., 2015, p. 320)
This case comes in market in May 8, 2002. This case is based on mail fraud in Florida District court. Kevin Gray is a businessman.
Proprietary education dates back to the late nineteenth century where institutions focused on professional training in teaching, medicine, and law (Breneman, Pusser, & Turner, S., 2000). The 1972 Higher Education Reauthorization Act included for-profit institutions in federal financial aid programs and changed the vernacular of higher education to postsecondary education (2000). This piece of legislation along with new technologies along with increased demand for higher education and prompted a resurgence of for-profit institutions in the latter half of the twentieth century (2000). From these changes, a new era of postsecondary education was born
It is known that the advisee will be acting upon the advice for that purpose without independent inquiry
The contract is made for a supplier of goods and services, or sale or grant the interest of land rights;
As mentioned earlier, there are certain requirements which must be met for a contract to be valid; requirements needed include agreement, consideration, contractual capacity and legality. For an agreement to be valid there must be an offer and acceptance present. In other words, there must be an intent known and understood for the contact to have an agreement. With that being said, there is no
Contractual agreement has always been viewed in terms of offer and acceptance. The universal principle to contract law has always been parties may get into an agreement in whichever way they deem fit and they are subject to certain terms as they choose. As far as legal requirements vital to their formation are binding contracts may be formed. Moreover a binding agreement may be manifested in terms of writing or in verbal form.
The English contract Offer and Acceptance General principles There are three basic essentials to the creation of a contract which will be recognised and enforced by the courts. These are: contractual intention, agreement and consideration. The Definition of an Offer. This is an expression of willingness to contract made with the intention (actual or apparent) that it shall become binding on the offeror as soon as the person to whom it is addressed accepts it. An offer can be made to one person or a group of persons, or to the world at large.
There are legislation which protects consumer from unfair selling from business. The legislation protects consumers from misleading description of products which induced them to buy the product or faulty products.
A contract actually starts when the other party makes an offer (offeror), and then it is accepted by
An invitation to treat is an invitation to form a proposal, and thus there is no legal consequences. (Nabi Baksh and Arjunan, 2005) An offer must be differentiated from an invitation to treat. (Lee and Detta, 2009) In this question, Roland was making an invitation to treat when he displayed the price tag on the car vehicle. Actually, he is inviting customers to form an offer to him. When the customers consent the price and discussed with Roland, both of them actually are making the offer. In this situation, it is depends on whether Roland want accept or not. Thus, Bernie is making an offer when she consent to buy the car stated as RM10 000. Bernie implies her willingness to buy the car marked RM10 000 with the expectation of Roland will sell the car to her at this price. Obviously, Bernie is the offeror. A contract will come into being when the people who forms the invitation treat accepts the offer of the customer, for instance Roland accept the offe...
The nature of the misrepresentation, including its seriousness, cf William Sindall plc v Cambridgeshire County Council (1993)
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
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