The requirements of a contract are a valid offer, acceptance, consideration, capacity of the parties and legality of the subject matter. In order to have a valid offer, “it must indicate a clear intent to make a contract. It must be sufficiently definite so that a court can determine the actual intent of the parties. And it must be communicated to the other party. This offer is transmitted directly to the offeree by acts or by words, whether spoken or written, through any medium whatsoever
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Business Law – Assignment 2Advise Chris with regard to the law relating to offer and acceptance. In order to advise Chris it is necessary to consider the law relating to offer and acceptance. Chris placed the following advertisement in the ‘Antiques Monthly’ magazine on Monday; “Rare 18th Century Long case clock by Ticker for sale £15,000 or nearest offer”.Within contract law relating to offer and acceptance we need to assess whether this advertisement is an offer or simply an invitation to
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Chapter 19 Performance and breach of Sales and Lease Contracts Case 19.1 352 N.Y.S.2d 784 76 Misc.2d 1080 MAPLE FARMS INC., Plaintiff, v. CITY SCHOOL DISTRICT OF the CITY OF ELMIRA, New York, Defendant. Supreme Court, Special Term, Chemung County. Feb. 1, 1974. CHARLES B. SWARTWOOD, Justice. This is a motion for summary judgment in an action for declaratory judgment whereby the plaintiff seeks, first, a determination that the contract wherein the plaintiff agreed to supply milk to the
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promises in ad to pay 100 pounds to any person who contracts flu after using smoke ball. • Carlill (plaintiff) uses ball but contracts flu + relies on ad. Issue: Was there a binding contract between the parties? - A contract requires notification of acceptance – Did Mrs Carlill notify Carbolic of the acceptance of the offer? - Did Mrs Carlill provide consideration in exchange for the 100 pounds reward? Def argument is: There was no binding contract – the words of the ad did not amount to a promise
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Summary of Facts Sharon signed a contract is for a three-year term and she can only be terminated for just cause. After six months, she is terminated because she sold only one apartment during her first six months on the job. Sharon would like to know your opinion as to whether she might have a cause of action against her employer for wrongful termination. Issues 1. Does the plaintiff have the right to sue her employer for wrongful termination. 2. Does the employer have a good defense on just
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SHELLY RESENDEZ completed the Contract Creation Simulation for LAW/531 with the following responses: To enforce a contract, the following four requirements must be met. Determine if each requirement has or has not been met, and then explain your answer. Question 1: Offer: No Response: Bob offered to sell the car to MIke for $25,000. The offer was bound by the offeror. Terms were definitely and reasonably certain. The offer was communicated to the offeree. Now in general an offer is not effective
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there. For a binding contract to be formed, a definite offer must be followed by unequivocal acceptance . An offer is an expression of willingness to contract made with the intention that it shall become binding on the offeror as soon as it is accepted by the offeree. An invitation to treaty is where a party invites offers, which she is then free to accept or reject. In fisher v Bell Lord Parker CJ stated: ‘it is perfectly clear that according to the ordinary law of contract the display of an article
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the Uniform Commercial Code’s (UCC) Article 2 which sets the rules and guidelines for contracts dealing with goods. Essentially, in order for a contract to be valid, there must be an offer and acceptance of the offer, all parties must be legally capable of entering into a contract, there must be evident consideration, and most states have a Statue of Frauds. To expand on offer and acceptance: A proposed contract must be offered by one party, known as the “offeror,” and accepted by the other party
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CPA LAW EXAM1—Essay questions 1. David cannot sue A1 for breach of contract for the loss of his commission due to A1’s math error in the audit. By entering into a contract, an account implicitly agrees to perform the contract in a competent and professional manner. They need not ensure the absolute accuracy of their work, but they must exercise the care of a reasonably skilled professional. Only the math error cannot make A1 liable. However, if she breaches the contract because she didn’t finish
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In this I will describe the law with respect to misrepresentation Misrepresentation Misrepresentation is an idea in the contract law of England which talks about false statement of fact made by one party to another party .For example it could be a false statements or promises made by Vodafone regarding the quality or the provenance of a product. Fraudulent misrepresentation Fraudulent misrepresentation is basically the opposite of innocent misrepresentation, as it means that Vodafone not only
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