BULAW 1502: Fundamentals of Law
Assignment Topic Due Date: Friday, noon, of week 9
Name- Supreet Singh
Student ID- 30306815
Lecturer- Nadine Clode
Q1. Office Supply brings a claim for breach of contract against CompuHelp. Discuss whether Office Supply and CompuHelp formed an enforceable contract, AND whether Office Supply is likely to win its lawsuit?
Ans. In the case of CompuHelp and Office Supply:
To discuss whether CompuHelp and Office Supply formed an enforceable contract we have to go through the essential elements of a valid contract.
• Offer: “Offer has a special meaning in contract law. An offer exists where one person indicates to another a willingness to enter into a binding agreement on certain terms.” (Sweeney, Reilly, & Coleman, 2013). An offer is considered as a proposal from the offeror that contains some certain terms, which can be accepted or rejected by the offeree. An offer must be escorted by an aim to be legally bound. In the given case, an offer was emailed to John, the owner of Office Supply from CompyHelp’s salesperson Sophie. Offer is not a request for information. It was an offer not an invitation or an advertisement (Partridge V Crittenden [1968] 1 WLR 1204).
• Acceptance: The contract is said to be made once the offer has been accepted. An offer is accepted by the offeree when the offeree accepts certain terms of the offeror. While accepting offer certain rules are to be applied such as only the offeree can accept the
Contracts are legally enforceable agreements made between two parties. There are many different types of contract, all made and enforced in different ways. However, for an agreement to be valid in contract, there needs to be an offer made, and acceptance.
University of Phoenix Material: Elements of a Contract Scenario Read the Elements of a Contract Scenario.
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
The offeree is the only party with legal power to accept an offer, thus forming a contract. In addition, for the contract to be considered accepted, the offeree must accept all the terms of the offer unequivocally. This is called “the mirror image rule”. For example, if the offeree stated “I will purchase your home, but I wish the drive way was repaved”. The offeree accepted the terms, making this an accepted contract. An example of non-acceptance is if the offeree stated “I will purchase your home, if you pave the driveway”, This would be a
Acceptance- An acceptance occurs when the person agrees to the proposal. It involves a written or oral statement or an act that clearly communicates acceptance of the offer. For example, the offeree accepts the proposal of $16,000 and indicates it by saying ‘Deal’ and shaking hands.
Some of the potential sources of concern that Ron is likely to encounter when he begins to make calls on his customers in downtown Los Angeles will be confusion in the beginning. His previous customers knows him from selling copy machines so when he is making calls to potential buyers he will now be representing Mid-town Office Products. Many would think that selling office supplies to major firms is a piece of cake but not knowing if that company has a supplier that they deal with and trying to sell their own supplies can be hard.
To be an offer, a statement must contain a promise/s and not just a statement to supply information as exhibited in the case of Harvey v Facey . In order to determine whether the statements made by Choy were a promise we
Although the principles of equality for women under the Declaration of Independence and the Woman’s Equal Rights Law were not endowed with constitutional force and although the 1992 Basic Law: Human Dignity and Liberty does not expressly include the principle of equality, these laws have been interpreted by the courts as securing the principle of gender equality as a basic principle of the legal system.
Bizrate.com gives Office Depot a general satisfaction rating of 8.9/10 with a 93% positive rating throughout late months.
An offer is a clear statement of the terms by which the person making the offer is prepared to be bound. An offer may be conditional. At the same time an offer conveys to the other party in an invitation to accept and confers on that party the power to bind both parties in contract. A person who makes an offer submits, in a sense, to the will of the other party because it is the latter who decides whether or not to bring a contract
On the one hand, there is a retailer named John who needs to obtain supplies for sale, not necessarily from Care One Medical Services because there are other businesses that sell medical supplies to retailers. In an effort to improve business, Care One Medical Services approaches John. The sales person talks to John and explains in detail all the services offered by the company and the processes involved in the purchase of the supplies. Consequently, Care One Medical Services makes a written offer to sell John medical supplies at $15 to $20 per prescription. John replies by stating that he accepts the offer on conditions that the medical supplies are not expired or counterfeit.
Contracts are used in many different forms and for just as many different situations within our everyday lives. Some contracts are more involved than others and for some; contracts are an essential of their success. As we continue, we will take a look at different types of contracts with the main focus on enforceable contracts. With so many elements that are incorporated into any contract, the six essential elements of enforceable contracts will be the main focus of this writing. Having a clearer understanding of the essentials of life will help prepare us for life’s curves that may come our way.
2. Mean service time = travel time + repair time = 1 + 1.5 = 2.5 hours
Office equipment Inc. deals with leasing automatic mailing machines to clients in and around Fort Wayne, Indiana. As per their contract, the company assures its clients that service will be provided at the clients point of business within an average of three hours, from the time he/she notifies the company about a fault in the equipment. Office equipment Inc has managed to attain a high reputation in the industry in terms of repair and timely maintenance.