Premium Essay

Elements of Law

In:

Submitted By ihumer
Words 758
Pages 4
Question 2 (a)
Under contract law, this problem is engage with the postal acceptance rule which is a ‘term of common law contracts which determines communication between the parties by mail when a contract has been composed. The basic idea of the rule is to accept offer that is sent before received the revocation of the offer. However, if a communication is sent rejecting the offer, and a later communication is sent accepting the contract, then the first one to be received by the offerer will prevail’ (Contracts Law: Mailbox Rule, n.d).
The issue in this case is whether there has been a valid acceptance of the offer to create a legally binding contract between Benny of Azman’s. According to Section 2-(a) of Malaysian Contracts Act 1950, ‘when a person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to the act or abstinence, he is said to make a proposal’. Section 2(b) states that ‘when the 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’.
Generally, silence of the offeree does not constitute an acceptance of the offer even though the offerer would consider offeree's silence. In accordance to another case, Felthouse v Bindley (1862) EWHC CP J 35 (Court of Common Pleas, n.d, the offerer wrote the offer mail to his nephew to buy his horse saying "If I hear no more about him, I consider the horse mine at £30 and 15s". The nephew didn't responf to it. The court did state that "There is no contract between them". The reason for decision was that is no acceptance noticed although there was an 'open offer' in writing, the nephew's intention of acceptance to the uncle had not be communicated. Since it is not a valid contract, offerer forces offeree to reject or take active steps. If Benny does

Similar Documents

Premium Essay

Elements Of Megan's Law

...The Elements of Megan’s Law “The principal elements of Megan’s Law provides for the registration of sex offenders and the creation of a central registry, community notification, and notification procedures for the release of certain offenders” (Brooks, 1996, p. 764). In New Jersey, a person must register if he or she was “convicted, adjudicated delinquent, or acquitted by reason of insanity” of either aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping, or endangering the welfare of a child (Whitman & Farmer, 2000, p. 6-7). The New Jersey Guidelines, signed by Governor Whitman and Attorney General Farmer, states that if an offender was released from custody or on parole or probation since the effective...

Words: 1730 - Pages: 7

Free Essay

Elements of Criminal Law

...Editorial Committee of the Cambridge Law Journal Review Author(s): H. B. Review by: H. B. Source: The Cambridge Law Journal, Vol. 1, No. 3 (1923), pp. 411-412 Published by: Cambridge University Press on behalf of Editorial Committee of the Cambridge Law Journal Stable URL: http://www.jstor.org/stable/4514989 Accessed: 24-03-2015 09:47 UTC Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at http://www.jstor.org/page/info/about/policies/terms.jsp JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. Cambridge University Press and Editorial Committee of the Cambridge Law Journal are collaborating with JSTOR to digitize, preserve and extend access to The Cambridge Law Journal. http://www.jstor.org This content downloaded from 217.12.81.211 on Tue, 24 Mar 2015 09:47:09 UTC All use subject to JSTOR Terms and Conditions Book Reviews. 411 The most important additions and alterations in the substance of the work deal with reorganization and reduction of capital, capitalization of profits, and schemes of arrangement, which matters have been the subject of much activity and many experiments in recent years. It is interesting, in this connexion, to notice...

Words: 1387 - Pages: 6

Premium Essay

What Are the Most Important Elements of the Affordable Care Act in Relation to Community and Public Health? What Is the Role of the Nurse in Implementing This Law?

...The Affordable Care Act (ACA) expands access to coverage to millions of Americans, a goal health plans have long supported, but major provisions will raise costs and disrupt coverage for individuals, families, employers, and Medicare and Medicaid beneficiaries. The broad market reforms outlined in the ACA take effect on January 1, 2014. Individuals and families purchasing insurance in the individual market will be guaranteed coverage for pre-existing conditions, and their premiums cannot vary based on their gender or medical history. There will also be subsidies to help consumers afford the cost of coverage, and new health insurance exchanges will help consumers find the policies that best meet their needs. At the same time, other provisions take effect that will significantly increase the cost of coverage, such as the health insurance tax, minimum essential benefits, and restrictions on age rating. $52 billion in new taxes will be imposed on businesses by mandating that employers provide health insurance. New taxes on drug companies ($27 billion) and medical device makers ($20 billion), as well as new reporting requirements and regulations imposed on physicians, will make access to health care and services more costly and difficult for seniors under Obamacare.The cumulative impact of all of these provisions increases the likelihood that some individuals will choose to purchase insurance only after they become sick or injured, further increasing the cost of coverage for everyone...

Words: 1098 - Pages: 5

Premium Essay

Castomer Satisfaction in Commercial Bank

...Law 1. Define company? How many kinds of companies? Distinguish between private Ltd. and public Ltd. company. 2. What is Memorandum of Association? What are the elements of Memorandum of Association? What are the stages in the formation of a company? 3. What is capital? Describe briefly the source of companies’ capital? Define share? Describe briefly the classification of share? 4. Define contract? Describe briefly the essential elements of contract? Define Law? Describe briefly the classification of law? 5. Define partnership? The essential elements of partnership? Classes of partners and classes of partnership? 6. Short Notes: a) Article of Association. b) Difference between Memorandum of Association and Article of Association. c) Authorized Capital. d) Paid-up capital. e) AGM f) EGM. Q: What is contract? Describe the elements of contract? Ans. Section 2(h) of the Contract Act, 1872 provides that, “An agreement enforceable by law is a contract.”Therefore, in a contract there must be (1) on agreement and (2) the agreement must be enforceable by law. Agreements which are not enforceable by law they are not contract. Elements of contract: The essential elements of a contract are explained below: (1) Offer and acceptance: There must be a lawful offer by one party and a lawful acceptance of the offer by the other party or parties. “Lawful” implies that the offer and acceptance must conform to the rules laid down in the contract act 1872. (2) Intention...

Words: 2106 - Pages: 9

Premium Essay

Athenian Democracy Dbq Analysis

...Cleisthenes and Aristotle's ideas and elements for a democracy was being developed. I will be talking about essential elements of ancient Athenian democracy created by great thinkers including aristotle and Cleisthenes will be briefly summarised henceforth this the discussion will narrow down and focus specifically on the negative and positive elements of ideas around education and aristotle’s ideas for the middle classes.It is hard to come up with a perfect system but out of all I think democracy’s elements of freedom, equality, and education outweigh the negative elements of democracy. Athenian democracy had many elements that it was made up of. These...

Words: 480 - Pages: 2

Premium Essay

Adsf

...Staff for Intelligence J2 is publishing this “Human Rights-Based Intelligence Operations Guidebook (Rules of Behavior for Military Intelligence Personnel)” with this objective in mind, to broaden the public’s understanding of our mission and challenges, and to help us become better and stronger partners committed to serve and defend our country. Designed to further harmonize all intelligence operations with the principles of human rights and International Humanitarian Law (IHL), this Guidebook is one of the contributions of the AFPIC to the Internal Peace and Security Plan (IPSP) “Bayanihan” of the AFP and to the Security Sector Reform Agenda of the Commanderin-Chief, President Benigno S Aquino III. The essential characteristics of this Guidebook can be best expressed by the acronym: AFPCAReS AFPCAReS Adherence to International Humanitarian Law and the Rule of Law The AFPIC strictly adheres to the Constitution and the principles of the International Humanitarian Law. Focused in the Conduct of Intelligence Operations Intelligence operations shall be conducted only against known military targets and armed insurgents....

Words: 2305 - Pages: 10

Premium Essay

Human Resources

...e-mail me with your query for an appointment. Introduction: The aim of this unit is to provide learners with an understanding of aspects of the law of contract and tort and the skill to apply them, particularly in business situations. Unit abstract: The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be covered. Learners will consider when liability in contract arises, the nature of the obligations on both sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance with its terms. Additionally, the unit will enable learners to understand how the law of tort differs from the law of contract and examine issues of liability in negligence relating to business and how to avoid it. Learning outcomes |On successful completion of this unit a learner will: |Assessment criteria for pass | |LO1 Understand the essential elements of a valid contract in a |1.1 explain the importance of the essential elements required for...

Words: 2001 - Pages: 9

Premium Essay

Dcdcdz

...changes it undergoes. Matter is anything that occupies space and has mass. Applications of Chemistry • Energy and the Environment • Fossil fuels • Solar energy • Nuclear energy Health and Medicine • Sanitation systems • Surgery with anesthesia • Vaccines and antibiotics Materials and Technology • Polymers, ceramics, liquid crystals • Room-temperature superconductors? • Molecular computing? Food and Agriculture • Genetically modified crops • “Natural” pesticides • Specialized fertilizers • • • Classification of Matter A substance is a form of matter that has a definite composition and distinct properties. An element is a substance that is composed of tiny particles called atoms. A compound is a substance composed of atoms of two or more elements chemically united in fixed proportions. Compounds can only be separated into their pure components (elements) by chemical means. A mixture is a combination of two or more substances in which the substances retain their distinct identities. Physical means can be used to separate a mixture into its pure components. Homogenous mixture – composition of the mixture is the same throughout. Heterogeneous mixture – composition is not uniform throughout. 1 |P a g e _____________________________________________________________________CHEM 100 LECTURE PROPERTIES OF MATTER Physical properties: readily observable/measurable without altering the composition or identity of a substance. (mass, color, density, boiling point) Chemical properties:...

Words: 495 - Pages: 2

Premium Essay

‘the Law of Contract Confines Itself to the Enforcement of Voluntarily Created Civil Obligations’-Illustrate and Explain.

...‘The Law of Contract confines itself to the enforcement of voluntarily created civil obligations’-illustrate and explain. Rifatul Ahsan Yasdany ID: 102 0273 030 Law 200 Section-09 Date: 22-02-2013 Declaration i. The topic referred to in this assignment has not been submitted for another degree or qualification of this or any other University or other Educational Institution. And ii. The ownership of any Intellectual property rights, which may be described in this paper, is vested in the North South University, subject to any prior agreement to the contrary, and may not be made available for use by third parties without the written permissions of the University, which will prescribe the terms and conditions of any such agreement. Title: ‘The Law of Contract confines itself to the enforcement of voluntarily created civil obligations’-illustrate and explain. ABSTRACT This essay attempts to focus on the scope of the law of contract in relation to its enforcement capability of voluntarily created civil obligation. In an attempt to do so, the basic elements of the law of contract were discussed. Then attention was directed to civil obligation. Various interpretation of the civil law or obligation revealed its voluntary nature. Then in an attempt to create a link between the law of contract and civil obligation, both the concepts were related and it was found out that contract law did indeed enforce voluntary civil obligations. Finally, this view was countered...

Words: 2687 - Pages: 11

Premium Essay

Elements of a Contract

...Elements of a Contract BUS 670 August 25, 2015 Elements of a Contract Introduction A contract is a legal agreement between two entities that creates obligations by both parties that are enforceable by law. As Verkerke (2015) notes, individuals are often ill-informed of the legality of most common dealings in their lives. With a common ignorance of legal matters, it is essential that contracts contain the required elements to be legally binding and protect both parties involved. Additionally, it is pertinent to understand the difference between contracts governed by common law and those governed by the Uniformed Commercial Code (UCC). Finally, prior to signing a non-compete agreement or asking someone to, it is important to understand the circumstances that make it enforceable as well as the diversity of enforcement standards as they vary from state to state. Five Elements Required for Enforcement Every contract contains promises that are enforceable, however only certain conditions are enforceable by a court if they meet the following five elements: an offer, an acceptance, consideration, capacity, and legality (Seaquist, 2012). The first element, the offer, occurs between two parties, the offeror (the one who makes the offer) and the offeree (the one who has the option to accept the offer) which grants the offeree the power of acceptance (Seaquist, 2012). Although some preliminary negotiations may take place before the final acceptance of the offer, they are...

Words: 1529 - Pages: 7

Premium Essay

Aspect of Contract

...Introduction: Simply, law can be explained as a collection of rules which are mainly created by a particular state or state government & the state, as an authority, is responsible for enforcing the law made within its jurisdiction via using various kind of sanction. While talking about law we should have a clear idea about three basic concept power, fascination & importance.Sources of law are also importance which can be constitutions, statue, common law, administrative law, equity etc. In business world, we use different kinds of law & law of contracts is one of the most widely used business law which is basically used to understand future business related The Aspects of Contracts & Negligence for Businessissues in more predictable manner by people engage in contracts. Contract is basically a promise that gives the official commitment that the law will be enforced.Judicial activism, which creates law to be less predictable & more flexible, & judicial restraint, which makes law more predictable & less flexible, is two important issues closely related to contracts that need to be defined properly. Task 1: P1- The essential element of valid contracts in a business context: A contract, to be valid in a business context, must have some essential elements which can be basically classified in four major categories- ð Agreement- In every contract, there must be an agreement between two parties where one party needs to make any kind of valid offer & the other party needs...

Words: 1731 - Pages: 7

Premium Essay

Employee Contracts

...and employees, although contracts usually favor the employer. Employment contracts often contain key advantages for the employer, such as establishing an employee's minimum employment length. If were to sign an agreement to not work for a competitor during the two year period while employed under a contract with a company or 2 years after employment within the same metropolitan area this is only enforceable if all elements within the contract are met. In order for a contract to be enforceable all elements must be met; the main two elements are concepts of offer and acceptance, but even in these circumstances it is hard to enforce a non-compete agreement. We will look into the elements of employment contract, the UCC, and when a non-compete agreement is unenforceable. Contract  A Contract is a voluntarily agreement entered by two or more parties in order to create a legal  obligation and bind the persons that are entering in contract. A contract is only considered to be valid if all elements are met within the contract. So, within a contract there are essential elements which include; offer, acceptance, legal consideration, capacity, and purpose. A contract may be written or oral; the nature of the contract depends on the mutual consent of both parties. Written contracts generally have a longer statute of limitations and are an overall safer contract to enter into because of the ease of proof.  Offer An offer is made when an offer by one party is accepted by another party...

Words: 1124 - Pages: 5

Premium Essay

Evolution Vs Macroevolution

...Is Evolution Possible? Evolution is highly improbable because by definition evolution is the naturalistic explanation of the origin of life that includes an account for the origin of elements, missing links, and laws of nature. Our bodies need 25 elements to live. (Schirber). Ninety six percent of the body is made up of four chemical elements; oxygen, hydrogen, carbon, and nitrogen. (Schirber). Without hydrogen a person may live three to five days. If no oxygen is present within four minutes permanent brain damage will occur and death in four to six minutes (CPR). Both plants and animals need basic elements to live. (Plant). Even bacteria need water and oxygen to survive. With all this said, elements are essential for living organisms. Where...

Words: 1025 - Pages: 5

Premium Essay

Bananas

...main elements that are required for the formation of a valid contract in the uk?Yahoo! Answers: Business & Finance. Four Essential Elements of a Contract www.smallbusiness.wa.gov.au/four-essential-ele...‎ Traducerea acestei pagini An agreement must contain four essential ingredients to be regarded as a contract. ... For example: A quotation by sub-contractor to the main contractor and an offer ... Usually the consideration is the payment of money but it need not be; it can ... Elements of a Contract - Legal Dictionary - The Free Dictionary legal-dictionary.thefreedictionary.com/Element...‎ Traducerea acestei pagini The courts must enforce a valid contract as it is made, unless there are grounds ... No legal benefit or detriment to any party was required, as the seal was a symbol ... consideration (see discussion below) for the promise made by the other. ... Ratification of a contract entails the same elements as formation of a new contract. main elements constituting a vaild contract - UK Essays www.ukessays.com › Essays › Law‎ Traducerea acestei pagini For a valid contract, the basic elements that need to exist are: .... Legality, even where all the requirements of a valid contract discussed above the present, ... Contract - Wikipedia, the free encyclopedia en.wikipedia.org/wiki/Contract‎ Traducerea acestei pagini Contract formation ... The elements of a contract are "offer" and "acceptance" by "competent ... In common law jurisdictions such as the United Kingdom...

Words: 563 - Pages: 3

Free Essay

Business Law

... 1. Areas of the law that you feel most affect business decisions (Law and Business Decisions) 2. Major underlying principles of the law that you feel are most impactful (Impactful Law Principles) 3. Common sources of fear and distrust of the law and how these misconceptions can be alleviated (Distrust of the Law and Misconceptions) Main Elements A. Choose a topic of interest from this course. B. Conduct research related to the topic of choice. C. In your paper, draft responses to the following three points (listed above): • Law and Business Decisions • Impactful Law Principles • Distrust of Law and Misconceptions D. Select specific cases that support your topic. E. Include the applicable laws and regulations that support your topic and why you chose them. F. Apply course concepts and course resources in your paper. In 10-3 Final Paper, you will submit your Final Paper. This milestone will be graded using the Final Paper Rubric. MBA 610: Final Paper Rubric Requirements of submission: Written components of projects must follow these formatting guidelines when applicable: double spacing, 12-point Times New Roman font, one-inch margins, and APA citations. This paper should be 7-10 pages in length, not including cover page and resources. Instructor Feedback: Students can find their feedback in the grade book as an attachment. |Critical Elements |Exemplary ...

Words: 628 - Pages: 3