A. Schmidt dies prior to Barry’s acceptance, and at the time he accepts, Barry is unaware of Schmidt’s death. According to research, the revocable proposal has ended since “Schmidt death transpired before Barry’s acceptance” (Clarkson, Miller & Ross, 2015). Moreover, the legitimate reason for stopping this “revocable offer is Schmidt and Barry’s” have individual concerns that are not transferable to anyone (Clarkson, Miller & Ross, 2015). This process is pertinent, although Barry was unconscious of Schmidt’s death. Moreover, Barry’s delayed acceptance cannot comprise a contract since Schmidt’s proposal ended the moment he died (Clarkson, Miller & Ross, 2015). B. The night before Barry accepts, fire destroys the equipment. Based upon research, “an offer is automatically expired if the subject matter of the proposal is demolished before” the acceptance; however, Barry’s slow acceptance following the fire will not form a contract (Clarkson, Miller & Ross, 2015). …show more content…
Barry pays $100 for a thirty-day option to purchase the equipment. During this period, Schmidt’s dies, and later Barry accepts the offer, knowing of Schmidt’s death. Once the “proposal is irrevocable,” using an option contract, the death of Schmidt will not end this contract (Clarkson, Miller & Ross, 2015). Furthermore, Barry can accept the proposal to auction this equipment, which ties Schmidt’s estate to carry on. Opting to carry on is no longer private to the offeror, and the heirs or decedents can transfer ownership of the equipment (Clarkson, Miller & Ross, 2015). The licit right of Barry’s acceptance is irrelevant to being unconscious, of Schmidt’s demise and rightfully, the offeree has the permissible rights to force Schmidt’s heirs to buy the equipment (Clarkson, Miller & Ross,
Billy communicates his acceptance directly in response to Choy’s offer. To ensure a contract, acceptance must be unqualified, clear and certain and communicated to the offeror. In this case, these requirements are satisfied and Billy clearly expresses his acceptance, temporarily giving up his study.
University of Phoenix Material: Elements of a Contract Scenario Read the Elements of a Contract Scenario.
The Dax’s case study presents convincing evidence to consider and legalize the right to refuse life-sustaining treatment and the right to die. Patients, as under the informed consent have a right to make the decisions about their medical treatment (Harris, 2008, p. 198). Consequently, the Dax’s case has reasonable facts to believe with regards to informed consent that as a competent patient he is qualified and be given free choice over his life.
3. Barbara G. Wheeler and Anthony T. Ruger, “Sobering figures point to overall enrollment decline,” Auburn Center for the Study of Theological Education, accessed 14 May 2016, http://www.intrust.org/Portals/39/docs/IT413wheeler.pdf.
In this case it seems that were given all the conditions for establishing consideration, but if we look more closely at the details of the case we will realize that there were
Following secretary of state, John Reid’s statement in 2005 declaring that social care “should be about helping people maintain their independence, leaving them with control over their lives, and giving them real choice over their lives, including the services they use. Services must recognise the changing world, our changing attitudes and our ageing population”. This assignment will analyse the present affairs in the social care world and see if the UK has stepped closer to John Reid’s vision.
For this particular situation, the ad that was run was not the original offer. Peter visiting the nursing home and asking Don if he “Would be willing” would have been the offer. Since Don was aware of who made the offer, Don should have contacted Peter directly and notified him that the nursing home was full. With regards to the sign being posted in the lobby, Peter was aware of the notice, but did not believe that it had applied to him, as he believed that his father was already accepted as a resident. Since Peter was now aware of the revocation of the notice this would constitute a non enforceable contract if Don’s offer was freely revocable.
Agreement: There must be an offer coming from the offeror and an acceptance of this offer by the offeree. Mutual consent is required.
The formation of a contract is achieved where there is an offer and acceptance between the contracting parties. An acceptance is sometimes referred to as “meeting of the minds” that involves the exchange of consideration, either a promise to act, provide goods, services or money. Relative to this case, a valid offer was made by a plaintiff. For an offer to be valid, there should be a manifestation or indication of present contractual intent, a certain definite terms that is expressly stated and a communication of an offer to the offeree. Consequently, when the offeror (plaintiff) had called and had left a message regarding the date, time and payment arrangement of the recording project to the defendant, the plaintiff’s action satisfies the requirements of a valid offer (Mallor, Barnes, Bowers, Langvardt,
I thought the video was pretty good, and quite informative. It was actually rather educational, and it caused me to learn a lot about retirement, and many problems surrounding it. I felt extremely informed by the end of the video. The main key points of the video were to inform about 401(k) plans, and the pros and cons of using them.
Acceptance is an agreement on the terms of an offer. It must be made when the offer is
(L) The offer will be accepted subjecting to certain conditions is a “conditional acceptance”. There are three possibilities in key case of Master v Cameron (1954) 91 CLR 353, which are the contracted has been concluded, the parties are bound to prepare a formal contract, the contract has been conclude, but will not commence till the formalities have been completed, and lastly the contract is not complete and will not be binding until and unless the parties complete their specific agreed requirements (Firzpatrick, et al., 2014)
The contract involved as stated, an “offer”, which is a communication of willingness to carry out an action on certain circumstances, which are made with the purpose that an compulsory agreement will exist once it is accepted, and an ‘acceptance’ which is the ultimate and complete agreement to all of the terms of the offer.
There are many causes of death, and some of the individuals who lay on their deathbed suffering will often wish to hasten their passing. To be exact, it is about the terminally ill patients and the agony they are facing. Terminally ill patients go through massive amounts of medication, all sorts of therapy, and unimaginable pain. Because of this, the patient will often ask their physician to help them commit suicide. In 2014, Brittany Maynard, 29, was diagnosed with terminal brain cancer and is a known person that died by prescribed lethal drugs under the Death With Dignity Act that the state of Oregon passed in November of 1997. It is the only law in the United States that legalized physician-assisted suicide. With this law, terminally ill patients have been given a certain amount of time to live and decide to end their life are given prescribed medication by two doctors that cause the patient to accelerate their death. According to a Ethnics report by Medscape in 2014, about 21,000 doctors from the U.S. and Europe were asked to answer a series of questions in a survey, one of the questions being "Should physician-assisted suicide be allowed?" After tallying up the votes, about 54% of the doctors said yes to this question (Medscape). The issue of physician-assisted suicide (PAS) has been in the world of medicine for years, with both sides explaining their views. There are those who are concerned that physician-assisted suicide is unjustifiable and goes against the
Here, Brenda promises a car in exchange of money from the buyer. Consequently, if Brenda accepts the offer a buyer, there will be a unilateral contract.