...offer and acceptance include the distinction between an offer and an invitation to treat – is needed to be able to identify specific examples of where an offer or an invitation to treat exists. If the maker of the statement clearly intends to be bound by acceptance of the stated terms the statement will amount to an offer. In Harvey v Facey [1893] ,Harvey sent a Telegram to Facey which stated: - "Will you sell us Bumper Hall Pen? Telegraph lowest cash price-answer paid;" Facey replied by telegram:- "Lowest price for Bumper Hall Pen £900." Harvey then replied:- "We agree to buy Bumper Hall Pen for the sum of nine hundred pounds asked by you. Please send us your title deed in order that we may get early possession." The Privy Council held that there was no contract concluded between the parties. Facey had not directly answered the first question as to whether they would sell and the lowest price stated was merely responding to a request for information not an offer. There was thus no evidence of an intention that the telegram sent by Facey was to be an offer. An invitation to treat, on the other hand, is merely an invitation for customers to submit an offer. While it indicates a willingness to deal, it is distinguishable from an offer in that it lacks an intention to be bound. Similar to an invitation to bid in the public procurement process, invitations to treat (sometimes referred to as invitations to bargain) often arise in the context of pre-contractual negotiations...
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...Heart Rate Training Zones: Training zones are based on a percentage window of your maximum heart rate. This is determined by a simple mathematical equation: 220 (male) or 226 (female) – AGE = Maximum Heart Rate. Your body uses different fuels at different levels of exertion. Lower heart rates use mostly fat for fuel where higher heart rates use more carbs. With consistent training, your heart becomes stronger & pumps more blood, ultimately your work output in the various heart rate zones improves. Today Interval/Strength/Endurance Energy Zones™: YOU SHOULD HAVE A GOOD AEROBIC BASE BEFORE RIDING INTERVAL & STRENGTH Be aware of your intensity & don’t overdo it. Pace yourself & push when you know you can remain in control. The faster you come down from high HR the better. Stay in control. After race day yesterday we are going work the two tougher zones (interval & strength) and recover on the way home. Interval Lowdown: alternate bursts of speed & power with recovery Heart Rate: 65%–92% of your maximum heart rate will be working in the aerobic and anaerobic zones The payoff: Will lead to bolstered stamina and endurance. Resistance: Light to heavy Cadence: 80–110 RPM Strength Lowdown: steady, heavy resistance with slower cadence Time Under Tension Don’t fight the hill. Stay relaxed. Focused. Concentrate on pedal stroke.Stay in control. Heart Rate: 75%–85% of your maximum heart rate You will hover between aerobic...
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...linguistics and natural language processing; I am writing to ask whether you would be willing to present a talk at the conference as an invited speaker. Invited talks will be one hour long, including a 10 minute question-answer session. We have not yet established on which day your talk would be scheduled; should you accept this invitation, there is some flexibility we can use to accommodate your own scheduling preferences (although it would be on one of the main conference session days, Tuesday October 3 through Friday October 6). In appreciation of your agreement to provide an invited talk, ACL would provide the cost of an economy class airfare from your home institution to the conference, hotel accommodations during the conference, and free registration to the conference. I will be away for an extended period of time and will not be able to read my email on a regular basis during this time. So please cc Professor Martha Palmer, an area chair and member of the ACL-2000 program committee, in your response. She has kindly agreed to coordinate the invited speaker sessions during my absence. I do very much hope that you will be able to accept this invitation. Yours sincerely...
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...Invitation to Sociology Peter Ludwig Berger was born March 17, 1929 in Vienna. Shortly after WW2 he emigrated to the United Sates. He first got a degree in Arts at Wagner College in 1949 before he continued his studies at the New School for Social Research in New York. In 1950 he got his masters and in 1952 he received his Ph.D. After finishing his education he went back to school, but to work and teach other students. First he started at Evangelische Academic in Bad Boll, Germany. Then from 1956 to 1958 Berger became the assistant professor at the University of North Carolina. He has also taught at Rutgers, The New School, and Boston College. In the end he settled down at Boston University and has been working there since 1985 (Biographybase). In 1963 he published a book called Invitation to Sociology. He starts the book by giving an introduction to what he is going to talk about and that is sociology. Berger gives a great example about of people traveling may experience culture shock minus the geographical displacement (Wadsworth 7). This statements refers that people that study sociology don’t need to travel to far distant lands to experience a whole new society. By digging deeper into their own society and studying people and the cultures they will be surprised over everything they discover. I really enjoyed his example about love and who marry who on page 9. Berger uses the example of the institution of marriage. Instead of just looking at the surface, he digs deeper revealing...
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...Principle of Marketing | New Product Development Strategy | 13061103015 Claudya Christina Wongkar | 1. A firm can obtain new products in two ways. Explain these two ways! a) Business acquisition is the process of acquiring a company to build on strengths or weaknesses of the acquiring company. A merger is similar to an acquisition but refers more strictly to combining all of the interests of both companies into a stronger single company. The end result is to grow the business in a quicker and more profitable manner than normal organic growth would allow. b) New Product Development (NPD) is the complete process of bringing a new product to market. A product is a set of benefits offered for exchange and can be tangible (that is, something physical you can touch) or intangible (like a service, experience, or belief). There are two parallel paths involved in the NPD process: one involves the idea generation, product design and detail engineering; the other involves market research and marketing analysis. Companies typically see new product development as the first stage in generating and commercializing new product within the overall strategic process of product life cycle management used to maintain or grow their market share. 2. WHY NEW PRODUCTS FAILS? The market size may be overwhelmed even if the idea is good. The actual product was not designed as well as it should have been. It is incorrectly positioned in the market priced too high or advertised poorly...
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...RAYMOND KIPCHIRCHIR RONO BUSINESS LAW INVITATION TO TREAT Definition: An invitation to treat is a tool to get negotiations going and show the terms which one party may be willing to accept. It is a mere declaration of willingness to enter into negotiations, not like an offer as it has to be accepted so as to form a binding contract (a pre-offer communication). Situations that can be categorised as invitation to treat: * Display of items - A mere display and qutation of a price does not constitute an offer, it is an invitation to treat. Offer and acceptance takes palce at the cashier when a customer offers to buy and a cashier accepts the offer. * Advertisements – advertisements are invitations to treat, so the person advertising is not compelled to sell to every customer. * Auctions - The holding of a public auction will also be regarded as an invitation to treat. Auctions are, however, a special case generally. The rule is that the bidder is making an offer to buy and the auctioneer accepts this in whatever manner is customary, usually the fall of the hammer. A bidder may withdraw his or her bid at any time before the fall of the hammer. The placing of goods in the auction is an invitation to treat. * Tenders – An advertisement for a tender is an invitation to treat. A tender for specific goods or services is an offer and when the person requesting the tender accepts, it is a biding acceptance. If the tender for a request is not specific but...
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...Manage meetings Task 1 Invitation Dear all, It is our honour and pleasure to invite you all to the meeting of XXX Company which will be held in 221, Burwood Highway, Deakin University, Building HC, LT13, 10 of December, 2012. The meeting will focus on developing a fire evacuation plan. This will also be a great opportunity to exchange experiences and information, learn from each others. The meeting papers can be incorporated to the meeting program which will be given to you when you come to the meeting. Sincerely yours, Jeff Wu CEO of XXX Company Manage meetings Task 1 Meeting papers Emergency Plans emergency contact telephone numbers Fire Brigade | 000 | Police | 000 | Ambulance | 000 | Gas Leaks (24 Hours) | xxx | Poisons Information Centre | xxx | fire equipment information & checklist TYPE | LOCATION | SITEPLANGRIDREFERENCE | DATE CHECKED | | | | | | | | | | | | | | | | | evacuation resources information & checklist ITEM | QTY | LOCATION | DATE CHECKED | | | | | | | | | | | | | | | | | Emergency Management Plan Procedures STRUCTURE FIRE * Alert all persons nearby and request assistance * Assist any person in immediate danger (only if safe to do so) * Call the Fire Brigade on "000" * Close the door on the fire to contain the spread * If threat to life exists, evacuate immediately, closing all doors * Isolate Electricity (only if safe to do so) * Shut...
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...Introduction Organization leadership requires strategies that produce results to benefit all stakeholders, even when leadership changes. Implementing new changes in organization leadership has potential success factors through processes, structures, ability to accept change and improved performance levels (Yukl, 2012). This associates with Joan Salmon new role as Invitation’s Inc. CEO for two months. It is a chance to prove her capabilities as a leader in an organization her father ran for years using the same leadership style. Consequently, Joan has bigger plans and changes she deems vital to enhance profitability of the company, beyond her father’s business culture and practices. Therefore, the essay entails a leadership plan considering roles Joan and her father play in Invitation’s Inc. Leadership role Leaders deal with various individuals with different backgrounds, skills and knowledge. In this regard, Joan and her father Garret possesses different leadership roles. Initially, Joan needs to establish her own style and involve others, yet she stills needs her father’s knowledge. However, involving others will not require her father’s autocratic role, but for her to adopt a participative role. In the two months trial period, he should allow Joan to transition her own participative style. This entails involving subordinates in decision making processes. In doing so, she needs to instill trust and confidence in all of her employees. The significance of adopting this role...
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...– Preface – This paper is to discuss and analyze various elements in the formation of contract using legal provisions in Contract Act 1950 of Malaysia and legal precedence. 1. What is a contract? According to section 2(h) of Contract Act 1950 (hereinafter referred to as CA1950), a contract is an agreement enforceable by law. There is a common misconception that the term ‘agreement’ is interchangeable to the term a ‘contract’. In fact, this is legally incorrect. An agreement is simply an unconditional acceptance to a definite offer. For example, Fathun finds her friend Sanya’s scooter to be attractive and expresses her willingness to buy it and offers a price. In response, Sanya accepted and told Fathun that she will sell it to her for the price she offered. Therefore, an offer is expressing willingness to do something and an acceptance is acceptance is wholly agreeing the offer. It is worth to note that an agreement could be legally binding or not. An agreement can be made between two parties even for an illegal matter. Another common misconception about contract is that a contract shall be a written document vetted by a solicitor or any other legal professional. However, this is incorrect. A contract can be legally binding if it meets certain criteria, even if it is made verbally or in writing For example, a customer visits to a grocery market to buy some vegetables. He sees bunches of ripe bananas and asks the price. The farmer says it’s Rf2 each. The customer...
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...Lecture 1 Definition "A contract is an agreement giving rise to obligations which are enforced or recognised by law." An agreement is insufficient. Are the parties serious about it - intention? Is there consideration involved? It must be something that is recognized by the law. Otherwise it cannot get any compensation. Functions of Contract Law It defines the obligations of the contractual parties - price, when and where to deliver, conditions, etc. Contract law protects rights, and it facilitates transactions. Development of Contract Law - Classical theory Moral obligation to observe the terms of a promise made voluntarily Why do we need to perform - we have to perform because it is right to perform, and it is our moral obligations. It is not right not to perform. - Reliance theory Reliance on another's promise gives right to the promise to enforce that promise According to this theory, it is reliance and not moral obligation that creates a legal right in the promisee to sue the promisor One party relies on the other. - Collective theory The need to protect reasonable or legitimate expectation Irrespective of the will of the other party Because one party has entered the contract, the law recognized that he has legitimate expectation about the contract. Contract law is about commercial transaction, but not people's feelings and willingness, unlike the tort law. Building blocks of the law of contract General...
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...Assignment 1 – M1 Analyse the impact of the requirements for a valid contract in a given situation Aled, aged 19, decided he wanted to set up in business. He was planning to buy and sell items both on the internet and by mail order. Aled agreed with his father, Brian, that they would convert a spare room in the family home into a ‘business centre’ with telephone lines, internet and fax facilities and a selection of office furniture and equipment. Aled then entered into the following agreements. Having acquired 1000 pairs of famous brand-name jeans through an internet auction site, Aled placed an advert in a newspaper ‘offering’ the jeans at £9.95 each. Unfortunately, this was a misprint, as the price should have been £19.95. Even this correct price was cheap compared with the normal shop price, and orders by post, as detailed in the advert, began to flood in. He also unexpectedly received some orders by fax, even though his fax number had not been printed in the advert. Aled responded to the orders as quickly as he could, either despatching the jeans or, when he had run out of packaging, sending a confirmation slip promising delivery within 28 days. Aled, aged 19, decided he wanted to set up in business. He was planning to buy and sell items both on the internet and by mail order. Aled agreed with his father, Brian, that they would convert a spare room in the family home into a ‘business centre’ with telephone lines, internet and fax facilities and a selection of office furniture...
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...In general, displays and advertisements for goods of sale are only invitations to treat and not (legal) offer. The court in Partridge v Cittenden held that an advertisement “offering for sale” wild birds were just an invitation to treat and not an offer. However, where there are good policy reasons for doing so, courts are prepared to treat displays and advertisements as offers. In Carlill v Carbolic Smoke Ball Co, it was held that an offer was made to the whole world at the advertisement stage and was accepted when a customer buys and uses the product in the specific manner. The court arrived at this decision due to the fact that to show sincerity, the manufacturer deposited £1,000 into a bank. Furthermore, there were strong policy considerations such as sending a message that traders are not permitted to make wild claims in order to sell their products. In the present case, the newspaper promotion advertisement is likely to be held as an invitation to treat. Even if the court holds that it is an offer, the offer can be nullified due to mistake. Here, the court will determine apply an objective test with respect to parties’ conduct. (Cite Chwee Kin Keong v Digilandmall if possible) Ronnie If advertisement is an invitation to treat, the purchaser actually makes an offer and Robert reserves the right to accept. Here, Robert as the offeree can refuse to accept the offer. If it is an offer, Robert as the offeror can kill the offer since Ronnie’s acceptance...
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...consideration, intention to build legal relationship and capacity must be proved valid. For those five elements, the principles and rules will be analysed firstly, and application related to issues will be dealt with in terms of Anna, Bella, Carol and Dora respectively in turn. Ultimately, their contractual relationship with Anna will be concluded. Anna In the current situation, we are investigating whether Anna’s card in the window is an invitation to treat or an offer. An invitation to treat is only an expression to attract a party to enter into negotiations while an offer is a statement promised by one party to enter into a contract on a particular set of terms. According to a general rule, an advertisement of goods for sale is not regarded as an offer, Partridge V. Crittenden. Its intention does not intend to be bound by any acceptance without further negotiation; otherwise, Anna would be bound to provide everyone who received the club. Although it has an ‘offer’ in the content, the statement is still seemed as an invitation to treat, Spencer V. Harding. Moreover, the advertisement is not clear enough to be an offer as the price is at ‘£300 or nearest offer’, which is not a fixed price and thus need further negotiation. Therefore, Anna is under no obligation to sell the club. However, the advertisement can also be held to be an offer, forming a unilateral contract. A unilateral contract agrees to be bound if an offeree performs some...
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...FORMATION OF CONTRACT - OFFER FISHER V BELL (1961) Shopkeeper was charged with offering flicknives for sale contrary to Offensive Weapons Act. The knives were on display in his shop window. Court held that the display of these items was not an offer but an invitation to treat and therefore no offence under the statute had been committed. PARTRIDGE V CRITTENDEN (1968) The Protection of Wild Birds Act made it an offence for a person to offer wild birds for sale. Partridge had placed an advert in a magazine: “bramblefinch, peacocks, hens, 25 shillings”. Held this was an invitation to treat and not an offer so no offence had been committed. PHARMACEUTICAL SOCIETY OF GREAT BRITAIN V BOOTS THE CHEMIST (1954) Pharmacy and Poisons Act required the sale of drugs to take place under the supervision of a qualified pharmacist. Claimant said Boots were in contravention of this when they opened up and operated the first self-service shop. However, there was a qualified pharmacist at the point of sale and it was the customer offering to buy the goods, consequently the display of goods on the shelves was not an offer but an invitation to treat. .RAMSGATE VICTORIA HOTEL V MONTEFIORE (1866) D offered to buy shares in a letter dated 8th June 1864 and did not get a reply. On 23rd November, shares were allotted by C but D refused to accept them. Court held refusal was justified as the original offer had lapsed and therefore there was no contract. BYRNE V...
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...need to assess whether this advertisement is an offer or simply an invitation to treat.An offer must not be vague and must be capable of acceptance as in the case of Guthing V Lynn (1831) 2B AD 232, in this court case the buyer of a horse made a promise to the seller that he would pay an additional £5 “if the horse is lucky for me” the court saw that this offer was too vague and therefore it was not enforceable, (Treitel 1999:8) 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".An invitation to treat shows that a person is willing to negotiate a contract, however the contract is not capable of immediate acceptance, as is in the case of Harvey V Facey (1893) AC 552 Where the seller indicated that they would be willing to sell a good at a price, this is similar to Chris’ situation, the outcome of the case was that it was seen as an invitation to treat rather than an offer, because if a contract is not accepted the buyers have no right to own the good as (Davison 2004:374) states “Without acceptance no contract exists, therefore, buyers have no rights to the goods, etc. they want to purchase.” This is also evident in the case of Partridge V Critenden (1968) 1 WLR 1204 where the advertisement “Bramble finch cocks and hens 25 shillings each” was classed as an invitation to treat, the court ruled that the offers...
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