Plaintiff-appellants (Normile) made an offer on the defendant (Miller) seller’s home. Defendant responded with a counter-offer. The plaintiff never accepted or rejected the counter-offer and believed the house was still on the market. The next day the defendant sold the house to the plaintiff-appellee (Segal). The plaintiff-appellants are suing for specific performance, as did the plantiff-appllee, in separate actions which were consolidated by the lower court. The counter-offer by the defendant did not constitute
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Aminah was an advertisement in a newspaper, which referred to a ‘special offer while stocks last’ by a local supermarket of a well-known brand of vacuum cleaners. The offer price was stated to be RM100 per unit. The usual price of such vacuum cleaners was around RM300 per unit. Aminah rushed to the supermarket, chose one of the vacuum cleaners and took it to the payment counter. The salesperson at the counter told her that the supermarket had increased the price of the vacuum cleaner and that the
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agreement could be considered a contract. Under Montana law, a written contract can be altered only in writing or by an executed oral agreement. This implies the agreement cannot be considered a contract. There is so much to be proven even if an oral agreement could be binding. In this case both parties do not agree as to what decided upon. The fact that that Loren says that the contract cannot be enforced is really not very important as the main problem is proving a contract exists. Loren could have said
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Name Kaplan University PA130 – Contracts Date Dear Ms. Starz: I am writing in regards to our client, Leonardo deCap, who has expressed interest in entering into a contract with Ms. Clair Dawn of Beverly Hills, CA ., regarding a 1965 Corvette Stingray for the price of $26,000.00. The agreement has been outlined in a letter from Ms. Dawn, dated February 13, 2013. [Please refer to the attached photocopy of Ms. Dawn’s letter to Mr. deCap]. Approximately a week later, on February 20, 2013, Mr
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Contract: As we know that an offer is a definite promise to be bound on specific terms, and must be distinguished from the mere supply of information and from an invitation to treat. So in this advertisement, there is specific information’s are available. That’s why this is an offer (Carlill v Carbolic Smoke Ball Co){shall I need to write detail of this case? Yes, just a few lines about the facts, to get an extra mark}. Then Adam sent a letter to peter by telling that, he would be able to buy
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Elements of a Contract Nicole Castro BUS670 Legal Environment Prof. Robert Tocker September 2, 2013 A contract of employment is a type of a contract used in labor law to attribute rights and responsibilities between parties to a contract (Blum, 2007). On the one end stands an "employee" who is "employed" by an "employer". A written employment contract is a document that someone and their employee sign which sets forth the terms and conditions of the employment relationship (Tepper
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Offer to Purchase Real Estate I, Ying Hua Wang , referred to herein as BUYER, offers to purchase the following described real estate: Street Address : ________3460 A du Parc_____________ Property Description : ___________________________________________________________ From __Julio_ _________ , referred to herein as SELLER , upon the terms and conditions stated herein. The gross purchase price shall be $ __360,000____(dollars). This offer is conditioned
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For a contract to exist, several elements must be in place. Contract law includes basic concepts such as offer and acceptance. In business law, there are a number of necessary elements courts look at to determine whether a contract is, in fact, a binding legal agreement. Agreement A valid offer and acceptance form the basis of an agreement. * Valid offer: One of the conditions is whether there was in fact a valid offer under contract law. * Acceptance: There also has to be acceptance. Mutual
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regarding the office building. After five years of treating Winston, Edward learned that Winston was indeed the owner of the office building. Edward, remembering of what Winston had told him, immediately wrote a note to Winston stating, I accept your offer and promise to provide you with all the medical services that you may need for the rest of your life." Edward signed the note, put it into a stamped envelope addressed to Winston, and placed the envelope outside his front door for the postman to pick
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MindiongDouglas Lim Teng YangYang Xi | Student I.D | | Submission Date | 20th Sept 2010 | Words Count | 1732 Words | Subject Code | DL2(Law of Contract) | Assignment Question: You are requested to write an assignment on the 'Rationale & relevance of the postal rule of acceptance in the 21st century' by analyzing the possibility of acceptance by post according to the current practice. (You can supply your reasoning for the rule, cite the relevant case laws, search for articles written
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