Commercial Law Bridging Assignment Question 1a. Leila lost her gold chain and locket and placed an advertisement with a reward of $50 for those who could return the lost item. Julie saw the advertisement and found the matching item which Leila has described. She then return it to Leila to claim the reward. However, Leila refused to reward her. Issue The main point of focus is to establish whether there is a binding contract between Leila and Julie. A binding contract is an agreement which both parties legally made and must be kept within the terms of contractual agreement. For a binding contract to be enforceable, the following four elements must be present – offer, acceptance, consideration and intention to create legal relations. Rule of …show more content…
Leila made an advertisement to look for her lost gold chain and locket and would reward $50 to the person that managed to return her. By publicising in an advertisement, an offer is made to the world at large whereby anyone can accept the offer. This could be seen in Carlill v Carbolic Smoke Ball Co (1893) case. The court acknowledge that the advert did amount to make an offer to anyone that purchase and uses the smokeball. Mrs Carlill accepted the offer by doing so. Hence, in this case, Leila has indeed made an offer. Rule of Law – Acceptance by Waiver of Communication An acceptance is expressed orally, written or implied by conduct. It must be positive and match the offer by means of communication. However, there are exceptions that acceptance need not be communicated to or received by the offeror. Waiver of communication in the case of Carlill v Carbolic Smoke Ball Co (1893) illustrates the point. The offer was made to the world at large and if anyone acts upon the given information of purchasing and using the smokeball properly, the person has deemed to accept the offer. For Leila’s advert, it was not implied or stated that one has to call first in order to be rewarded and thus, no acceptance method is specified. Therefore, Julie has accepted the offer made by Leila and returned the lost item with means of ‘waiver of communication’ rule.
Our decision was based on determining if there was contract formed and if the terms of said contract were performed by both parties. We found that Abigail placed an advertisement with the intent to lead readers to believe that she was selling “purebred toy breed puppies” for $100, “quoted for immediate acceptance”. Alex responded to Abigail’s advertisement and accepted her offer by submitting the required $100 payment to the P.O. Box, as stipulated in the advertisement, and inquired about when he could pick up
How are the powers of the judicial branch unique among the three branches of government?
In this essay, I will be examining how the court system can fail to deliver justice for particular cases and people’s circumstances, as well as looking at alternatives to court, like circle sentencing, restorative sentencing and alternatives for children to the formal court system, as outlined in the Young Offenders Act 1997 (NSW). Crime is defined in the Oxford Dictionary as an action or omission which constitutes an offence and is punishable by law. On the other side of this is justice; the quality of being fair and reasonable.
An offer is an objective manifestation of a willingness by offeror to enter into an agreement. It must be communicated to the offeree.
McOskar Enterprises, Inc. owns and manages a health and fitness center identified as “Curves for Women”. Tammey J. Anderson, the complainant, joined Curves on April 2, 2003. As part of the joining process Anderson signed a release of liability agreement. This agreement released Curves from any liabilities related to injuries that might be sustained by contributing in any activities or through the use of equipment. The agreement also stated that participants agreed to all risks of death or injury that could occur, Anderson read and signed the agreement of terms with Curves. After completing the liability agreement, Anderson began working out under the observation of a Curves’ trainer using the machines within the facility. During the workout Anderson notified the trainer that she began to feel pain in her neck, shoulder and arm, but finished her workout. She continued to feel the pain when she got home and pursued medical attention. As part of her prescribed medical treatment she was sent for a course a physical therapy. In June 2003 Anderson underwent a cervical discectomy, a procedure used to treat nerve or spinal cord compression. After her procedure Anderson sued Curves, claiming negligent acts during her workout. Anderson v. McOskar Enterprises, Inc., 712 NW 2d 796 (Minn. 2006).
Facts: Two residents of Virginia, Mildred Jeter a colored woman and Richard Loving a white man, got married in the District of Columbia. The Loving's returned to Virginia and established their marriage. The Caroline court issued an indictment charging the Loving's with violating Virginia's ban on interracial marriages. The state decides, who can and cannot get married. The Loving's were convicted of violating 20-55 of Virginia's code.
In this case Maya (agent) is technically in the wrong as she has overturned her authority due to her not being permitted to order very expensive shampoos and shower gels and any orders that are over £150 the agent has to receive permission from Kallessi (principle). However since the principle has paid for the first 2 orders that the agent has made with the new suppliers it is seen as if the principal is ratifying the situation and agreeing on the agents terms. Ratification is when the principal approves of an act of its agent where the agent lacked authority to legally bind the principal. (www.lawofbusiness.com)
The offence Harry would be charged with is William’s murder. The area of Law that this case is concerned with is criminal law (homicide). The two offences that constitute homicide are murder and manslaughter. The classic definition of murder was set by Sir Edward Coke (Institutes of the Laws of England, 1797). Murder is defined by the Law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous bodily harm. It comprises of 2 elements. These are the actus reus (guilty act) and the mens rea (intention).
1.0 Introduction A contract is defined as ‘an agreement enforceable by law’, which means an agreement that is legally binding between two or more parties. The Contract Act 1950 governs legislation in Malaysia and differs from English Law in terms of provisions (Lee & Detta, 2009). The Law of Contract consists of five elements: offer and acceptance, intention to create legal relations (ITCLR), consideration, capacity, and free consent. The elements that apply in the case of Gabby and Lorna are offer and acceptance.
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.
An Agreement consist of rights and obligations that are recognized and enforceable by the law.
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”.
(Lee and Detta, 2009) In this question, Roland was making an invitation to treat when he displayed the price tag on the vehicle. Actually, he is inviting customers to form an offer to him. When the customers consent to the price and discuss with Roland, both of them actually make the offer. In this situation, it depends on whether Roland wants to accept or not.
In the case of Adams v Lindsell (1818), the defendant set a letter to plaintiff, offering to sell plaintiff a certain amount of wool on September 2nd. The offer provided for acceptance by written notice sent through regular mail (“in course of post”). Plaintiff expected to receive a response from defendant by September 8th. The defendant sent the letter to the wrong address. The defendant received plaintiff’s acceptance on September 9th. On September 8th, defendant sold the wool to a third party. plaintiff brought suit against defendant for breach of contract. The trial court held that plaintiff’s acceptance was valid when placed by plaintiff in the mail. The trial court entered judgment for plaintiff, and defendant appealed.
The other part of the definition deals with enforceability by law. An agreement is enforceable if it is made by competent parties out of their free consent and for lawful object and consideration. Therefore, a Contract is the combination of agreement and enforceability.