...OFFER AND ACCEPTANCE OFFER When one party expresses interest to buy or sell an asset from another party. The offering price is often the highest the buyer will pay to purchase an asset, and the lowest that the seller will accept. The person that makes offer is called "offeror or promiser".The person to whom offer is made is called "offeree". Offer can also be called a "Proposal". EXAMPLE: 1) Ali offers to sell his watch to Ashraf , here Ali is making an offer to Ashraf. 2) When purchasing a house, prospective buyers will make an offer to the seller, and will often list the highest price he or she is willing to pay. However, if another prospective buyer enters the scene and a bidding war ensues, each buyer will continue to bid until his or her maximum price level is attained OFFER and its types : Express Offer: An offer may be made by express words, spoken or written. Suchan offer is known as an express offer. Implied Offer: An offer may also be implied from the conduct of the parties or thecircumstances of the case. This is known as implied offer.For example, An offer by the Transport Co. to carry passengers for a certain fare. Specific Offer: When an offer is made to a definite person, it is called specific offer. General Offer: When an offer is made to the world at large, it is called as generaloffer. A mere making of an offer does not...
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...Voluntary but conditional promise submitted by a buyer or seller (offeror) to another (offeree) for acceptance, and which becomes legally enforceable if accepted by the offeree. A explicit proposal to contract which, if accepted, completes the contract and binds both the person that made the offer and the person accepting the offer to the terms of the contract. http://www.duhaime.org/LegalDictionary/O/Offer.aspx Terms and conditions under which an offer is made, such as quantity, price, discounts, delivery date, shipping costs http://www.businessdictionary.com/definition/offer.html Acceptance of an offer is the final and unequivocal expression of assent to another's offer to contract. http://www.duhaime.org/LegalDictionary/A/Acceptance.aspx "Acceptance means the signification by the offeree of his willingness to enter into a contract with the offeror on the terms offered to him by the latter. Without an acceptance there can be no contract ...." "In the ordinary case ... there is a manifestation of willingness to be bound by one party followed by a manifestation of an assent by the other by words or conduct, generally and usefully called offer and acceptance." "Each of (these) definitions contemplates a willingness, either in words or by conduct, to be bound by the terms of the offer. But each definition also entails a manifestation, or a signification, or an indication of such willingness." Book 9(1) of Halsbury's Laws of England, 4th Edition (2007) “termination of offer”...
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...to pay any price for the display case is too vague to be constituted as an offer. What is the range of value represented by the term ‘any price’? Would RM 1.00 suffice? What if the price is beyond his financial capability? An offer has to be unequivocal and clear. It could then be deduced that his statement was to induce Freddie to offer him the display case as well as to show Shaggy’s mere expression of willingness to enter into negotiations. Subsequently, Freddie was the one who actually offered to sell to Shaggy the display case at the price of RM 160,000.00. The second issue in this case is whether Shaggy’s silence can amount to an acceptance of Freddie’s offer of the display case, hence forming a contract between the two parties. According to section 3 of the Contracts Act 1950, it is provided, inter alia, that communication of acceptance of proposals is deemed to be made by any act or omission of the...
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...3.0 Acceptance 3.1 Definition of acceptance Acceptance is an express actor implication by conduct that manifests assent to the terms of an offer in a manner invited or required by the offer so that a binding contract is formed. The exercise of power conferred by an offer by performance of some act. The act of a person to whom something is offered or tendered by another, whereby the offered demonstrates through an act invited by the offer an intention of retaining the subject of the offer. According to law of contracts, acceptance is one person’s compliance with the terms of an offer made by another. Acceptance occurs in the law of insurance when an insurer agrees to receive a person’s application for insurance and to issue a policy protecting the person against certain risks, such as theft. 3.2 Requirement of acceptance 3.2.1 Absolute and unconditional Acceptance must be absolute and unconditional. An acceptance must be unconditional and unqualified. Accepting an offer with conditions, varitions and reservations amounts to counter offer and rejection of gthe origional offer. A variations or alteration, howeer, small of the offer, will make the acceptance invalid. According to case Hyde v Wrench [1840] EWHC Ch J90 is a leading English contract law case on the issue of counter-offers and their relation to initial offers. In it Lord Langdale that any counter-offer cancels the original offer. 3.2.2 Normal and reasonable Acceptance must be normal and reasonable. Acceptance...
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...B. Acceptance Introduction S 2(b) - when a person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted, a proposal when accepted becomes a promise. The person accepting the proposal is called the ‘promisee’ or the ‘acceptor’. * A proposal when accepted becomes a promise. * The person accepting the proposal is called the promisee. * When an acceptance of any promise is made in words, the acceptance is said to be expressed. * If the acceptance is made in words, the acceptance is said to be expressed. * If the acceptance is made other than in words, the acceptance is said to be implied. * For a proposal to be converted into a promise, the acceptance of that proposal must be absolute and unqualified (S 7(a) ) (1) Negotiation If the parties are still negotiating, an agreement is not yet formed Lau Brothers & Co v China Pacific Navigation Co. -negotiations for the delivery of logs were conducted through series of telegrams and letters. Whilst still in the negotiating stage, the D withdrew. - was there a binding contract between the two parties? The court held: - the parties were still in a state of negotiation and no agreement was formed. Therefore, the D was justified in withdrawing. (2) Counter offer Hyde v Wrench (1840) * The D offered to sell his estate to the P on June for 6 1000pound * On 8june in reply the P made a counterproposal to purchase at 950pound. * When the D refused...
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...Rules of offer and acceptance in a contract Offer and acceptance are elements required for the formation of a legally binding contract: the expression of an offer to contract on certain terms by one person (the "offeror") to another person (the "offeree"), and an indication by the offeree of its acceptance of those terms. The other elements traditionally required for a legally binding contract are (i) consideration and (ii) an intention to create legal relations. Offer and acceptance analysis is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. ------------------------------------------------- Offer[edit] Treitel defines an offer as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed", the "offeree".[1] An offer is a statement of the terms on which the offeror is willing to be bound. It is the present contractual intent to be bound by a contract with definite and certain terms communicated to the offeree. The expression of an offer may take different forms, such as a letter, newspaper advertisement, fax, email and even conduct, as long as it communicates the basis on which the offeror is prepared to contract. Whether the two parties have reached agreement on the terms or whether a valid offer has been made is an issue which...
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...Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. An offer is an indication by one person to another of their willingness to contract on certain terms without further negotiations. A contract is then formed if there is express or implied agreement. A contract is said to come into existence when acceptance of an offer has been communicated to the offeror by the offeree. One party, the offeror, makes an offer which once accepted by another party, the offeree, creates a binding contract. The Key concepts in relation to offer and acceptance include the distinction between an offer and an invitation to treat, The case of Carlill v Carbolic Smoke ball co. is...
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...November 7, 2015 Stages of Grief There are five stages of grief that a person goes through when a loved one passes away. Denial, anger, bargaining, depression and acceptance, we all go through these at our own pace and in our own way. In the written “Lament for a Son” we will go through the journey of a father’s loss of his son and how he goes through the stages of grief (Wolterstorff, 1987). Denial and isolation is the first stage of grief, in lament for a son it does not specifically discuss that he goes through specific denial. Denial is the first reaction most people have when learning of the death of a loved one (Axelrod, 2014). A person will just hear part of what the person is saying when they are being informed that a loved one as died, especially in an untimely death such as the one we read about a 25 year old dying while mountain climbing. This is usually the most temporary stage. Anger is the second stage and this when reality usually sets in and the pain and intense emotions arise (Grand Canyon University, 2015). Sometimes the anger is directed and the one who died sometimes it is at us for not spending enough time with the person who passed away. Some of the anger that was discussed was with how people try to console you, when they say “it’s really not so bad” or “I know how you are feeling (Wolterstorff, 1987).” Death is really that bad and there is no way anyone could know how another person is feeling in their own grief. Bargaining is the third stage...
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...Stages of Grief Student Name Institution Stages of Grief The stages of grief and mourning are universal and every person in all lifestyles. Mourning and grief occurs in response to an individual’s own terminal illness, death of a loved one, and the loss of close relationship. Grief cans occur in five main stages such as denial and isolation, anger, bargaining, depression, and acceptance. These stages may occur in no neat progression, as these stages may keep on hitting back or just occur out of order. Consequently, the endeavor of this paper is to evaluate the various stages of grief as exhibited in “Lament for a Son” by Nicholas Wolterstorff. Denial and isolation marks the first stage of grief as Nicholas exhibits (David, Et al, Elisabeth, 2014). In this stage, Nicholas tries to deny the reality of the situation. After receiving the call meant to inform him of death of Eric, he goes to moment of silence where he dives into a sea of flashback of life he had spent with Eric. He remembers how Erick liked to worship with a genuine community and even sometimes asked him how they could know that God ever existed. He is unable to come into terms that Erick is no longer there. In his wild of flashback, he remembers how Erick used to cook, dress, and shook his hands, He himself wished he could die in order not see the inscapes of the world. Anger precedes denial and isolation as another stage of grief. In this stage, reality of the loss and pain it bring re-merges. Consequently...
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...six months after. Everyone grieves differently and at different times. A person has his or her own way of grieving and dealing with loss. Its important to understand the process of grieving. It will help understand what one is going through emotionally so that one can help someone going through this process. The five stages of grief are identified in this paper by analyzing the book “Lament for a Son” and how the author found joy after his loss (Wolterstorff, 1987). The author of this paper will also identify and explore the meaning and significance of death in the light of the Christian narrative, and how the hope of resurrection plays a role in comforting the author. Five Stages of Grief Denial, anger, bargaining, depression and acceptance, the five stages of grief that one goes through after a loss significant to them are identified by Dr. Kubler-Ross. Every individual grief’s in his or her own way. There is no particular other to follow in the stages. One will experience one or the other, or may start all over again and repeat a stage. To grief is to come to terms with the loss of a loved one, a relationship or someone’s or our own dying process. It is how we come to terms with loss. Denial In the model of grieving the first stage is Denial. When there is loss, one may experience a trance like state. When one is given the news of that someone had died, and end to a relationship or news of forthcoming terminal illness. They go through a denial process and...
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...The Death of Ivan Ilych is a short novel that depicts the struggle that Ivan Ilych goes through as he prepares to die. The story opens with the reader finding out that Ivan has passed away and transitions into his childhood and life leading up to the accident that would ultimately end his life. As Ivan realizes that he is not going to get better and he is dying he starts to resent his wife and daughter because they refuse to acknowledge that he is dying, they simply believe that he is sick and will get better in time. He forms a bond with one of his servants, Gerasim, who is the only one who willing to acknowledge that he is dying and give him the comfort and compassion that he is needing. As his illness progresses he dreams of a black sack and being forced into the sack, but cannot fall into the sack. He both wants to fall through, but fears it at the same time. After waking from this dream Ivan starts to question god as to why he is being tormented with this physical pain. A voice we assume is coming from his soul asks him what he is wanting and Ivan tells the voice that he wants to live and live pleasantly. Ivan then starts to reflect on his life and as he thinks about it he feels that his childhood was the only happy part of his life and no part of his adult life was every truly happy. He does not understand how so much suffering can happen to a person who has lived his life right. His physical pain becomes worse and his wife and doctor keep him heavily medicated...
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...interplay linking joy, the grief process, and its stages we will also look at personal means of dealing with the grief process and whether or not it merits change. Kubler-Ross acknowledges; {People in some aspect of time in life will grieve over the loss of someone or something of importance in their lifetime.} We cannot forget about them. People will deny the grief process to avert pain but it will be much healthier for us to accept the loss as we journey through the grief process. Kubler-Ross says; “The grief process follows a normal sequence of deny, rage, trying to negotiate, a depressed state, and finally acquiescence”. (Kübler-Ross, 1969). Kubler-Ross five stages of grief: 1) Denial, 2) Anger, 3) Bargaining 4) Depression, 5) Acceptance.. A model proposed by Stroebe and Schut is also in place and utilized. The grief model used today is a two track process model. The first track looks at loss (separation distress), while the second track looks at re-establishment of means (the progression of opportunities in which to maintain living on one’s own). (Stroebe and Schut, 1999). Evaluation of Kubler-Ross stages of grief and Job’s grief process James 5: 7- 12 King James Bible Job was a wealthy man who experienced grief and coped with losses of health, all worldly possessions, his spouse and his friends, his sons and even separation from God when God allowed Satan to test Job. And though he did not know why these events occurred he kept his faith,...
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...stages of grief as described in her book On Death and Dying. The first stage is denial, which is the response experienced when an individual first learns of the death of their loved one. The second stage is anger, which includes one becoming angry at God and asking Him why did this happen to their loved one. The third stage is bargaining, which can range from the survivor thinking if things went differently, the individual would still be alive to bargaining with God, that if He allowed their dying loved one to live, they would change their ways. The fourth stage is depression, due to despair, the survivor may desire giving up on life because their loved one is gone, now perceiving life as bleak and pointless. The fifth stage of grief is acceptance, in which the individual comes to terms with the loss and their transition to living without their loved one. The five stages of grief does not necessarily happen in the order in which they were written, and some individuals may not experience all five stages (Friedman, 2012). The...
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...culture with regard to overcoming grief (Lehto & Stein, 2009, p. 29). This paper will look at some of these cultural variances, with the comparison and contrast in the views of grief among the modern Western world with the Kübler-Ross model, Western theological tradition in the Book of Job and the Eastern theological tradition, with the views of Buddhism on grief. The paper will also look at the conception and role of job in relation to grief in the three views of grief tackled by this paper. The Kübler-Ross model of grief is more popularly known as the Five Stages of Grief, which structures the grieving process as a cycle gone through by an individual through five distinct stages: Denial and Isolation, Anger, Bargaining, Depression and Acceptance (Kübler-Ross, 2014). Kübler-Ross is particularly focused on overcoming denial in grief, which she sees as a product of Western societies’ practice of hiding or concealing...
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...grief? Grief is an emotion, that everyone will experience, and each one of us needs to find our own way to deal with this emotion. There is no "right" way to grieve, there is no answer to how each one of us will heal from the feelings of sadness, anger, loss and loneliness. There are a lot of reasons to be in grief, but the most intense grief usually comes from the death of a love one. Feelings such as sorrow, sadness, guilt, regret, anxiety, fear and helplessness isn't uncommon to go through after you lost a loved one. There is no way to know how long the grief will go on. But overtime the intense grief and sorrow will subside. In 1969 Elizabeth Kübler-Ross introduced the 5 stages of grief: Denial, anger, bargaining, depression and acceptance. I think we all can agree that these are stages we go through when we have lost a loved one. In the short story "No Angel" written by Bernie McGill, in 2010, our main character Annie, goes through grief and loneliness after she lost her father. The short story is written in first person narrative, we see the story through the main character's eyes whose name is Annie. The compositions is jumping in time between, present and flashbacks. The story starts in the middle of the story, media res. The first event is the first time Annie sees her father after his death. She sees him in the bathroom, where they are small talking. Right after this we jump right into a new flashback, which is the second time she sees her father after his death...
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