expiry of the period that the offeror intended to remain open. If there is no stipulation of time, the offer will expire after a reasonable time by which depends on the subject matter, means of communication and other circumstances. In Ramsgate v Montefiore (1866) an offer to buy shares was held to have lapsed when three months later the offeree purported to accept it. Revocation The offerer may withdraw or revoke his offer at any time before the offeree accepts the offer. However, revocation
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may be illegal at the time it made or lacks important elements of the contract. The case which support the void contract is Griffith v Breymert (1903). Court held that, the contract is void and the plaintiff was entitled to recover his £ 100 as the coronation did not take place. Addition case to support this kind of contract is David Taylor & Son v Barnett Trading Co [1953] it was held that the contract had been illegal at its formation due to the provision of set prices that exceeded the legal
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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
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Billy is attempting to claim the extra $20,000 and a share in the farm, which he believes he is entitled to. Choy, however, has calculated that the cost of Billy’s school and university fees amount to greater than the promised $20,000 and that the co-owner of the farm would not allow the transfer of a share in the farm. In order to advise Billy in whether he is entitled to the extra $20,000 and a share in the farm, the key facts and relevant issues must be examined to determine if the elements
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------------------------------------------------- A REPORT ON ASPECTS OF CONTRACT AND NEGLIGENCE FOR EZ KOOKING ------------------------------------------------- ------------------------------------------------- TITLE PAGE ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Prepared
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offer can be accepted by any person by fulfilling the terms of the offer. In case of general offer, the contract is made with person who having the knowledge of the offer comes forward and acts according to the condition of offer. * Carlill v Carbolic Smoke Ball Co. * If any person, by means of a advertisement, advances an offer in public to the effect that he will pay a specified remuneration to any person for performing any work specified in the advertisement, and if any person performs the
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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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business transaction during the initial contact, it was a social and private arrangement at the time the offer was made. It is also a legal presumption that agreements made in a social environment are not be legally binding[1]. The case of Dietrich v Dare (1980) 54 ALJR 388[2], further illustrates this presumption, where no intentions of a legally binding agreement could be determined. Agreement- Offer and Acceptance “An offer is an undertaking by the offeror made with the intention that it will
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| | |[pic] [pic] [pic] [pic] [pic] [pic] [pic] [pic] [pic] [pic] | | |Course |LAW1091: Business & Co Law |Course School/Level |BU/UG | |Coursework |Business and company Law |Assessment Weight |100.00% | |Tutor
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Britain v Boots Cash Chemist (p305) Case regarding items on shelves in a store. The items are simply an invitation to “treat”, the offer is only made at the check-out. Carlill v Carbolic Smoke Ball Co (p309) Company advertised nobody would get sick. Mrs Carlill followed directions and got sick. There was a unilateral contract comprising the offer (by advertisement) of the Carbolic Smoke Ball company) and the acceptance (by performance of conditions stated in the offer) by Mrs Carlill Harvey v Facey
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