Part A The main issues are whether or not the court would consider that the restrictive covenant in issue is void for contrary to public policy. The relevant legal principles are: A covenant must be no wider than is necessary to protect the legitimate interest of the employer. Attempting to stifle competition is impermissible and it is irrelevant that the employer taught the ex-employee everything he knows. The court area particular to prevent contracts, which seek to prevent an employee from practicing his livelihood. The courts have regard to three facts: - The period during which the restriction purports to apply. - The geographical area in which the restriction purports to apply. - The scope of the restriction. Ho …show more content…
The law is clear that silence in face of an offer should be viewed as a rejection not an acceptance. Applying all the above legal principles, he is not liable to pay Derrick $500 or return the unsolicited book as it would consider an unconditional gift to him. (ii) In the context of the law of contract, consideration is meant by “the price of the other persons promise”. The law enforces bargains, not bare promises. A bare promise is unenforceable, unless bought by some consideration provided by the other party. There are some certain rules in determining consideration. First, it must be valuable but need not be adequate. In the case of Chappell & Co Ltd v. The Nestle Co LTD (1960), Nestle offered pop music recordings for a nominal sum of money plus three chocolate wrappers. The court held that the wrappers were virtually worthless but to be part of the consideration. Second, it must be sufficient. This means that the promisor must truly incur dome form of loss, and that promise must truly gain some form of benefit. The court held that Performance of an existing obligation imposed by law in Glasbrook Bros Ltd v. Glamorgan County Council (1925), forbearance to sue, and promise to perform an obligation owed
The Second Restatement of Contracts is very clear about the situations where acceptance is made by silence or exercise of dominion. Section 69 of the Second Restatement of Contracts provides, (1) Where an offeree fails to reply to an offer, his silence and inaction operate as an acceptance in the following cases only: (a) Where an offeree takes the benefit of offered services with reasonable opportunity to reject them and reason to know that they were offered with the expectation of compensation. (b) Where because of previous dealings or otherwise, it is reasonable that the offeree should notify the offeror if he does not intend to accept. (2) An offeree who does any act inconsistent with the offeror's ownership of offered property is bound in accordance with the offered terms unless they are manifestly unreasonable... Restatement (Second) of Contracts, §69. The core of the restatement is about the meeting of the mind and reasonableness, i.e. the implied consent or agreement by both parties. To sum up, this article clearly allows acceptance by silent action in the contracts of selling
There is consideration present here since according to the Doctrine of Consideration, ' promises will legally enforceable if you ask for something in return for ' something else. Here, Ken asks for £12,000 in return for his work to build Jack 's conservatory. Therefore, when Jack accordingly contacts Ken to say that he will be employing him to do the building work, ' Jack has accepted Ken 's offer, and both parties have entered into a legally binding contract. Jack 's statement qualifies as an acceptance since there is correspondence between the two parties, whereby both the offer and acceptance are on the same terms; there is nexus, where the acceptance is in response to the offer; and finally, there is communication on both parts. Moreover, when Jack states that he will accept the most competitive ' tender, he could argue that the recommendation from Barnie, ' his neighbour ' who expresses that Ken is an excellent builder ' constitutes Jack 's meaning of the most competitive. ' However, this is not relevant unless Bob wishes to argue in court that Jack 's proposal was indeed an invitation to tender, which constitutes an offer, as according to Harvela.
Employment Law helps to govern the relationships between the employee and the employer with relations to guidelines.
Promisee must incur a detriment or confer a benefit on the promisor (Currie v Misa).
Manifestation: Acceptance of an offer requires a communication of the acceptance to the offeror from the offeree so in order to satisfy the mutual assent requirement. Pete acceptance could be inferred through his statement No problem you can let me know sometime within the next two weeks.
The restrictive clause will only be enforced by the State of Longville courts if it is a reasonably necessary to protect the interests of the employer and courts may also reform the parts of the covenant if it is too broad. But in this case it should not be enforced, because customer and employee needs did not match up, and the entire southwestern region of Longville state might be too broad for covering customer needs. An the doctor of neurological sciences serves the interest of the public while practicing her trade. Therefore public needs should be in the first place, and the restrictive covenant must be unenforced.
Bennett-Alexander, D., & Hartman, L. (2009). Employment law for business. (6 ed., pp. 247-249). New York, NY: McGraw-Hill/Irwin.
There are many ideas about the correct basis for contractual obligation. They include promise, consideration, and cause. All jurisdictions follow at least one. In Thomas E. Davitt’s The Elements of Law, the author articulates a very credible argument for the basis for contractual obligation being one of those named above. Davitt simplifies the arguments for all of these and names one correct basis: the promise itself. Generally Thomas E. Davitt, S.J., The Elements of Law, 272 (1959). This paper will argue in favor of Davitt’s writings. The basis for contractual obligation is the promise itself. In order to effectively argue in favor of one basis over the possible others, it is necessary to discuss and rule out the others.
This is a legal term that is given to the bargained for exchange between the parties in which a contract is made. This can be something of some value that is passed from one party to the other. In addition each party of the contract will gain some benefit from the agreement as well as incur some obligation in exchange for the benefit received.
Bennet-Alexander, Dawn D., Hartman, Laura P. (2003) Employment Law for Business, 4th edition. The McGraw-Hill Companies
However, consideration is a concept that has no real equivalent in French contract law. According to the Common Law systems, a promise is only biding when there is something in return.
case he or she may be held responsible for the reasonable value of what was
The statement in this question is “Consideration is the concept of legal value in connection with contracts. It is anything of value promised to another when making a contract. However, “past consideration is not considered a good consideration”. Please illustrate your answer with reference to 3 articles and case laws.”
1. For the following types of undertakings, which contract modes are most appropriate? Be prepared to explain the rationale behind your choice.
Before unilateral contracts come into place, contract law is about a promise for a promise. Cases such as Carlill v Carbonic Smoke Ball Co. have shown how the contract law has adapted to accommodate this form of contract. Judges seek to identify consideration and acceptance in unilateral contracts whilst managing to achieve a balance between protecting reasonable expectation of an honest man and retaining respect for the sanctity of contract.