DR AMBER v MAGGIE Selwyn Selikowitz Group No: 3613 Advice has been sought as to whether or not Dr. Amber has an enforceable contract with Furniture Comfort, and whether she is entitled by law to buy the couch at the discounted price. In order to address the issue, one needs to start by examining each of the four essential elements for contract formation: agreement, consideration, certainty and an intention to create legal relations.[1] 1. NEWSPAPER ADVERTISEMENT The newspaper advertisement is not an offer but an invitation to treat. In Boots v Pharmaceutical Society of Great Britain, it was decided that ‘a contract is not completed until, the customer having indicated the articles which he needs, the shopkeeper, or someone on his …show more content…
Amber’s offer, reflected through her actions in allowing Amber to sign the special order information and also to leave with the fabric. (c) Acceptance must be in reliance of the offer In Crown v Clarke, Clarke was found to have not acted in the faith of or in reliance of the offer, but rather for his own intentions. Thus he was found to have no claim to a reward he had received under contract. In the present case, Maggie knew the specific details of the offer such as “reserve the couch now”, “take the samples” and “order the couch when I get back” Thus her acceptance was made in reliance of the offer and the option. (d) Must be in compliance with the offeror’s offer Maggie complied with Dr. Amber’s offer by allowing her to leave with the samples, and placing a special order in the ‘fabric checkout binder.’ There was therefore a legally recognisable acceptance on Maggie’s part. Maggie accepted Dr. Amber’s option of keeping the couch reserved, as well as her offer of purchasing the couch. 4. INTENTION TO ENTER INTO LEGAL RELATIONS The courts adopt a ‘strong presumption’ that commercial transactions are intended to create legal obligations, which ‘will only be rebutted with difficulty.’[4] In Ermogenous v Greek Orthodox Community of South Australia, the judges did not overturn this presumption despite the case being a sensitive one dealing with unpaid benefits of a minister of religion. It is clear that Dr. Amber
A contract is an agreement which normally consists of an 'offer ' and an 'acceptance ' and involves the 'meeting of the minds ' or consensus between two or more parties with the intention to create a legally enforceable binding contract. Therefore in this essay, the four core elements needed for the formation of a contract such as offer, acceptance, and consideration and intention to create legal relations will be discussed briefly.
I advised Vivian of her Miranda Rights. Vivian told me she understood her rights and was willing to speak with me.
In this assignment I will be giving advice to Rick’s girlfriend on whether she has a legal right to return the laptop that Rick bought for her. I will be analysing whether a valid contract was formed and who it was formed with.
In order for a contract to be considered valid four elements must be present, 1) Agreement 2) consideration 3) contractual capacity and 4) legal object (Kubasek, N. 2011 pgs. 304/305).. In Sam’s case of his invention, the first element, Agreement, certainly exists. Sam had made a verbal “offer” to deliver one thousand units to the chain store, and the stores letter to Sam demanding delivery of the product can be considered an acceptance of his offer. The second element of a contract is the consideration or the bargained for exchange under the contract (Kubasek, N. 2011 pg. 343). While one might assume that in this situation each party had agreed to exchange something for others services, there is no evidence
Each woman was handed a key after she signed the book. “Unfortunately, we are currently operating with a skeleton staff, only those necessary for business, since most of the guest rooms are closed for renovations. I will get your luggage to your rooms as soon as I can.” Explained Joseph as he put the book away.
In order to advise Billy, it is integral to deconstruct the key facts and consider the law in order to determine if there is contract present. After that, we will have to determine the contents of the agreement to distinguish what are the terms and what are the representations. Finally, after
because she was very satisfied with the care she was receiving, even though all her wants were
I have been asked to provide a legal opinion regarding whether Margaret’s arrangement with Frames for Less is legally enforceable, and also regarding the auction at St Francis College. The main issues I will cover in this opinion is whether Margaret’s arrangement with Frames for Less was a contract in the eyes of the law. I will look into whether Frames for Less’s letter was an offer, whether Margaret accepted this ‘offer’ and whether it was a valid contract. I concluded that Frames for Less did in fact make an offer to Margaret and she did accept this offer, so it was a valid contract. I will also determine whether the Girdler paintings were legally required to be in the auction at St Francis College by looking at whether the advertisement was an offer or an invitation to treat, I determined that the advertisement for the auction was an invitation to treat and that St Francis College were not legally required to sell the paintings.
Mrs. Turner then sees another property on the market for £250,000. She offers the asking price for this and it is accepted ‘subject to contract.’
On the contrary, Mandy could have made a counter offer to pay in instalments as this explains Arthur’s willingness to pursue the sale. If this is the case, then Mandy would have been in a similar
she executes an instrument of suretyship which the creditor accepts without dealing directly with her personally, she has a prima facie right to have it set
According the scenario, this problem is concerned about distinguishing between the offer and an invitation to treat. The answer need to be consider When a valid offer is made and whether there is an agreement between Necola and Janet by accepting the offer. The main rule is that the acceptance must be communicated to the offeror. Until and unless the acceptance is communicated, no contract comes into existence.
Contracts Exam Question (with sample answers) Question 1 H. Bigbus (B hereafter) operates a construction supply business in Harrisburg. B specializes in supplying difficult-to-locate plumbing and light fixtures for contractors who do remodeling work. B sent the following letter to five contractors in the Harrisburg region: OFFER TO THE TRADE We have cornered the market for a source of brass "Orient Express" wall hanging light fixtures. We know (and we're sure that you do, too) that these fixtures are in such great demand that they are nearly impossible to obtain. If you are willing to take all your needs from us, we'll guarantee delivery at $20.00 each. I. M. Sap (S hereafter), a contractor who remodeled about twenty houses per year,
On the other side, Mrs Carlill bought one of the balls and used it in the manner specified, yet still managed to get influenza. When she asked for the reward the Carbolic Company claimed that there was no enforceable contract between it and the user of the smoke ball on the grounds that there was no acceptance of the offer, because Mrs Carlill had never notified the Company that she accepted its offer, nor furnished any consideration. The court held that in unilateral offers, the advertisement is an offer which was accepted by Mrs Carlill. The courts also looked at the parties intention, such as the fact that 1000 pounds were deposited in the Bank showed a genuine intention to create a legal relationship. There was consideration furnished by Mrs Carlill when she purchased the smoke balls. Hence there was a binding contract.
Several weeks later Stylish agreed to purchase the proposed house and signed a written contract. The contract however contained the following clause: