I have been asked to consider a number of questions concerning possible claims and outcomes against the producers (Producers), of “I’m a Nobody Get me In There” (the Show) arising from Mr Poindexter Smith (Mr Smith) application to be a contestant for the program to be produced between 1 October 2015 and 30 November 2015. Generally, advertisements are treated as an invitation to treat, an offer to consider offers, or a request to commence negotiations with a bargain in mind , they can be an offer if there is an intention to be bound . The advertisement was published in a major newspaper, with the intention to invite the world at large, to apply for the chance to compete in a survivor challenge for the prize. The ad lacked an intention to …show more content…
Acceptance is construed by communication of final assent to the terms of the offer, made in the manner specified or indicated by the offeror. The acceptance brings about consensus ad idem (a meeting of the minds) , which must be in reliance of the offer . The letter dated 15th August 2015 (Agreement) contains a set of clauses which set out the obligations of the parties. The joint signing of the Agreement by Mr Smith and Mr Lugg on behalf of The Producers at the meeting on 18th August 2015 suggests a concluded agreement: that being the clauses 1-5, which include an exchange of promises . An issue with this agreement is what consideration has been provided for this bargain . Consideration need not be adequate but must be of value in the eyes of the law . Treating Mr Smith with respect and care (clause 3) and agreeing to make their best effort to keep to the schedule (clause 4) may be sufficient consideration. However, it is not entirely clear what is meant by clause 3 “to treat contestants with respect and care”. In order for an agreement to be legally binding the essential terms must be sufficiently certain and clear . A contract is void for uncertainty if the essential terms of the bargain have not been agreed upon or language used is so obscure and incapable of any precise meaning that a court is unable to attribute to the parties any particular contractual intention . A contract in which there can
NOW, THEREFORE, in consideration of the mutual promises herein set forth and subject to the terms and conditions hereof, the parties agree as follows:
Rule : : Contract formation requires mutual assent (offer and acceptance), consideration, and no viable defenses to contract formation.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties agree as follows:
I have reviewed the agreement, however, under Submittals, Section Four (4), page 2, with questions.
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 is a clear expression of a party accepting agreement to the terms of the offer.
The offer and acceptance model is flawed- only an agreement is necessary. In order to fully comprehend this statement, we must first establish what constitutes and offer and what constitutes acceptance. “An offer is a statement by one party of willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by the party to whom the offer is addressed”. Acceptance is “…an unqualified expression of ascent to the terms proposed by the offeror”. The “Offer and acceptance model” is based on the court’s adopt the “mirror image” rule of contractual formation. Applying the definitions stated above, we can take this to mean that there must be a clear and unequivocal offer which must be matched by an equally
Offer is the promise made by the offeror. Generally, advertisement is the invitation to treat. Invitation to treat is different to the offer, so the advertisement is not an offer. (Partridge v Crittenden[1968] 1 WLR 1204)
NOW THEREFORE, in consideration of the promises contained herein, intending to be legally bound hereby, the Parties agree as follows:
There is a concluded contract between International Imports Pty and South pacific Imports made on 3 December. The contents of this concluded contract are contained in the facsimile sent on 3 December by the buyer who is also the offeror (International Imports Pty Ltd) to the seller who is also the offeree (South Pacific Imports) indicating that the buyer agrees to the terms of the seller and further asking the seller to deliver the goods as agreed.
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.”
7.What is the denotation of the advertisement? 8.What is the connotation can we infer from the advertisement? 9.what discourses are present? (need to include bias) 10.What presentation have been communicated?
According to general law principle, an offer must be clear on certain terms and must be communicated to the other party, a vague information the offeror given would be regarded as an invitation to treat and mere buff or boast. Obviously and generally, a normal advertisement locally would be an invitation to treat, which is not enforceable to be an offer such as case of Partridge v Crittenden(1968), but if there are some specific set of terms in order to create legal relations, an offer can be found. See example of Blackpool & Fylde Aero Flying Club Ltd v Blackpool Borough Council(1990).
iv. During negotiation “business issues” took the centre stage and legal issues were to be addressed later. It shows mutual trust and focus on goals.