Re Ratt’s Acceptance Letter The letter sent by Ratt on the 21/01/15 is the acceptance of the offer sent by Jonas on the 15/01/15. This letter follows the ‘postal rule’, that acceptance occurs immediately when the letter is sent, which is 9am on the 21/05/15. Ratt could argue that Jonas may have contemplated that acceptance would be through post, as it was not stated through which method Ratt should accept the offer, and that Jonas’ offer was also sent through post. Ratt may argue this fell within the option deadline, as the offer did not state the start date of the option, and Ratt believed it was open until the 17/01/15, when he received the letter. Jonas could argue that the option had begun on the 16/01/15, the day after he sent the letter. He could argue this as he had emailed Ratt early on 21/01/15 to revoke …show more content…
However, he still would likely be held liable in damages for revocation after part-performance, and thus we would advise him to pay the damages that Celine is claiming from him. This would still leave Celine satisfied as she is not claiming for the contract to be enforced and to receive the job offered, instead she is making a claim for the costs lost. Re Consideration Celine would likely argue that the offer would satisfy the benefit/detriment requirement or consideration, as the detriment was to move to Melbourne, and this would be a benefit on the promisor, as it would allow Jonas to set up the child-care centre. This would be a quid pro quo, as the detriment of moving to Melbourne would confer a benefit on Celine of having the job, thus satisfying the bargain requirement. Jonas would be unlikely to debate this element. Re
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
In my opinion, if the jury in this case subtracted the contractual claims against the profits, they would have arrived at different damage/entitlement amounts. My guess is Main Line would have been entitled to much less than what was awarded in this case.
Suppose that the contract had no liquidated damages provision (or the court refused to enforce it) and X Entertainment breached the contract. The breach caused the release of the film to be delayed until the fall. Could Bruno seek consequential (special) damages for lost profits from the summer movie market in that situation? Explain. P.223-224
Aldo shipped 10 refrigerators to Rafael pursuant to a sales contract under which title to the goods and risk of loss would pass to Rafael upon delivery to Fleet Railroad. The agreed price was $5,000. When the refrigerators were delivered to Rafael, he found they were damaged. An estimate for repairing them showed it would cost up to $1,000, and an expert opinion was to the effect that they were defective when shipped. Rafael put in a claim to Aldo, which Aldo rejected. Rafael then wrote to Aldo, “I don’t like to get into a despite of this nature. I am enclosing my check for $4,000 in full payment of the shipment.” Aldo did not reply, but he cashed the check and then sued Rafael for the $1,000 balance. May he recover? Explain.
As the history of the United States has progressed, the motivation for starting a war has varied over the years. Something that has been consistent throughout every war are the emotions behind the soldiers fighting it. This can be seen in the books Gone with the Wind and The Things They Carried, and the document Letter to Elmer J. Sutters.
If a breach of contract is both material and opportunistic, the injured promisee has a claim in restitution to the profit realized by the defaulting promisor as a result of the breach. Liability in restitution with disgorgement of profit is an alternative to liability for contract damages measured by injury to the promisee.
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
DAMAGES– Any breach of contract allows the injured party to claim damages. The main purpose is to help injured party in a position as if the contract was not breach and that contract was perform.
It is a tremendous honor to be considered for membership in the most prestigious Honor Society available at Wapato High School. It is even more grand to be able to work towards enrollment in the Society side by side with such an astoundingly gifted group of young men and women. I am only being considered for potential membership in the National Honors Society because I have demonstrated an exemplary academic attitude, and have proven this through the grades I have attained during the years I have spent in the Wapato School District and the fondness amongst my teachers I have achieved. There are also other characteristics besides good scholarship I must fill for membership in the Society, those being services I have done to benefit others in the community, leadership positions I have held, and an original and interesting demonstration of
This is clearly an incident where the offeree, McLaughlin, did not accept the terms as stated in the offer which is what Cheeseman (2013) explains did not meet the mirror image rule: “for an acceptance to exist, the offeree must accept the terms as stated in the
It seems as though Brad and Chardonnay have been subject to professional negligence, or more specific negligent misstatement. Professional negligence is very similar to general negligence, one of the significant difference being you cannot claim for economic loss within general negligence but you can in professional (provided specific criteria are met).
The Responsibility for Accident case is about an argument between an employee, called John Schmidt, and his employer. The dispute occurred when John seriously injured his hand when operating a machine in the production shop and neither John nor the company
The people in the community have absolutely no choices what so ever. The people already have their whole life rolled out in front of you without even knowing it. The council chooses your spouse, your family unit, your job, what you do everyday and how to do everything everyday. The rules that Jonas gets restrict him from doing certain things. “1. Go immediately at the end
Jonas has always been an inquisitive and curious person, even more so when he obtains the role of Receiver of Memory. One example of this important trait occurs after the Ceremony of Twelve. Jonas was still confused about his role, but he was anxious to learn about the incident involving the previous girl who was supposed to take the position of the
...rameters and all the aspects of the law that appear in our given scenario we can safely say that any claim that is being made by Tom’s representative by Daria and Samira on the grounds of negligence – breach of duty of care and psychiatric injury would be successful and that even though Harry suffered psychiatric injury his claim won’t be successful since he doesn’t fulfill the necessary parameters in order to make a successful claim.