Burger King Corp. V. Rudzewicz (1985)

Acceptance of an Action Measure both an action and its accepting may be fabricated or accepted from the words or the conduct of the parties, the words or conduct accept to accommodate to assertive rules that accept been accustomed afore the accepting will be valid. These rules accept been formulated by the courts over the years as a aftereffect of the abounding arrangement disputes that came afore them Volume for acknowledgment are able-bodied established

Facts: Matt Theurer was an 18 year old adult that worked at McDonald’s part time. His friends and family worried about him because he had many extra-curricular activities, worked for the National Guard, and worked for McDonalds. McDonald’s informal policy did not allow high school students to work more than one midnight shift per week or split shifts. There was a special clean-up week McDonald’s held, Theurer worked five nights. One night he worked until midnight, another until 11:30pm, two nights until 9pm, and another until 11pm. On Monday, April 4th, 1988, Theurer worked from 3:30 until 7:30pm, followed by the clean up shift beginning at midnight

Acceptance-This basically means that the terms of the offer have been clearly understood and agreed to through consent and assent and at no time will the terms be changed.

Acceptance. This basically means that the terms of the offer have been clearly understood and agreed to through consent

This case determined whether personal jurisdiction applied to a franchisee of Burger King restaurants, whose headquarters was in Miami, Florida, when the franchisee and his restaurant were in Drayton Plains, Michigan. The Supreme Court found that personal jurisdiction did apply, holding that “Jurisdiction is proper, however, where the contacts proximately result from actions by the defendant himself that create a “substantial connection” with the forum State” (Warner, 2012, p. 135). Further:

This is a clear expression of a party accepting agreement to the terms of the offer.

1. When comparing McDonalds’ service to Burger King’s, the service at Burger King is faster.

Professor Treitel defines the term offer as an offer can be defined as expressing a willingness to create a contract based on certain terms. This offer is made with the understanding that it will become binding as soon as the offeree accepts it; it essentially means in order to establish a legally binding contract between two parties, there has to be first an offer made by one party and acceptance from another party or parties, meaning that both parties have the same element of intention to establish a legally binding contract between them, this is known as ‘the mirror image rule’ the offer and acceptance both have to both match.

Offer & Acceptance: To come to an agreement, offer and acceptance are required, to begin to determine if a legally binding contract has been formed. A contract requires “Offer & Acceptance, Valuable Consideration, Intention and capacity” explain Uher & Davenport (2002). The offeror must offer something of value to which an offeree may then accept.

This is when one side of the party accepts an offer given from the other side, which is when the contract beginnings to form this could be done orally or written.

In s2(b) Contracts Act 1950, acceptance can be defined as when one person proposal to another and the person accepts it, becomes a promise. Acceptance can be made by verbally, writing and conduct.

An offer is an expression made by one party (offeror) to another party (offeree) communicating the offeror’s willingness to perform a promise. The offer must be communicated to the offeree in order for it to be effective. However, for some instances, a communication may not be an offer but a mere response to a request for information. - Harvey v Facey (1893).

The most important aspect of a contract is the agreement between both parties. Both parties should have contractual capacity and there has to be a consideration of money value in the contract. Once the parties are in agreement there will be a legal binding. The agreement is developed from one party making an offer and the other party accepting the offer with a materialistic perspective. An offer should make after an invitation to offer (preliminary negotiation) and a declaration of intention. An invitation to offer is not an offer, which can be turned into a contract by after an acceptance. Examples of an invitation to offer can be considered as goods displayed in a supermarket shelf, auction sale, tenders, share issues and advertisement without rewards. These invite the public to make an offer. It is essential to understand the prime difference between invitation to offer and an

Offer is one of the element to form a legal contract, offer must communicate and accept. According to Section 2(a) of the contracts Act 1950 is an offer “when one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that other to do such act or abstinence. (Law notes, 2017) In the case study of Chapelton v

The offer is a communicated eagerness to contract made with the aim that it should get to be authoritative on the individual making it when it is acknowledged by the individual to whom it is tended to (Hubbard, Thomas & Varnham, 2013).