Hatcher's acceptance was not valid because he sent a letter as acceptance when the offer was sent by e-mail. Although Simons did not expressly state what the method of acceptance should be, the use of e-mail implied e-mail was the method of acceptance. As such since Hatcher used a different, slower method, it was not valid upon being sent. No, it could not be taken as a valid contract since the offer was made in a manner that was clearly made out of frustration and was not meant to be a serious offer. Kennedy could not collect the reward since Kennedy already turned in the watch without knowledge of the offer. Lodge does not have to give Kennedy the reward, since Kennedy did not mention wanting the reward. Kubach was incorrect because by changing her terms for accepting the position, she did not follow the mirror image rule of acceptance and thus she did not actually agree to the offer. What she actually did by suggesting the bonus was create a counteroffer. …show more content…
Ludwig would be forced to pay because by standing by and watching he committed passive fraud by concealing the fact that he did not order a new driveway, in an attempt to gain from Frazetta's mistake. Yardley could not win because he made an assumption about what the desk was made of since Noble did not specify. Yardley made a unilateral mistake, which cannot be used to get out of a contract. Noble did not intentionally misrepresent the desk since all he said was that it was a desk. Since Claypool refused the offer, Massie has no legal obligation to return the $25 paid to hold the offer
-the reasoning: the letter agreement left the point of delivery up to future negotiation and was not specific to all essential terms. The letter was unenforceable agreement to agree and there was no contract.
Mr. Potbelly and Mr. Slim Jim are two competent people who voluntarily entered into an agreement for the purchases of the pottery and the home. Mr. Potbelly presented Mr. Slim Jim with the original offers and Mr. Slim Jim counter counter-offered within reason of the asking price. The conversation had between Mr. Potbelly and the other individual should not be grounds for him
is that the amount asked for was the exact amount of John Ramsey’s bonus that only his
The U.S. court of appeals ruled that the general release Marder signed was an enforceable contract. In other words, the court of appeals agreed with the district court’s verdict dismissing Marder’s complaint against Paramount. Marder’s complaint against Paramount was invalid because the contract she had sign with them covered all four of the characteristic found within a legal contract. Both parties made an agreement to release and discharge during the signing of the contract. Paramount paying Marder $2,300 is classified as a promise that was supported by a bargain-for consideration. Marder had contractual capacity and the objective of the contract was lawful. Marder should have negotiated for a percentage of the profit instead of signing off
The offer had been agreed upon from both parties is important. The acceptance of an offer cannot alter the terms of the specified in the offer. “An offeree accepts by saying or doing something that a reasonable person would understand to mean that he definitely wants to take the offer.” (Beatty, 2016) Once the buyers or offeree came to an
Robert made a contract with Midcity Painters to paint his house. The when the painters arrived to paint Robert’s house they mistakenly painted his neighbor Louise’s house. Louise was home when the painters worked on her house all day, and she made no comment to Midcity while they worked. Louise had knowledge of Midcity painting her house and she neglected to tell the painters any information in the situation. In the event that she neglected telling the painters she is liable to pay the bill she received. Louise thought she would get away without paying for the brand new paint job on her house. If Louise was not home when they were priming and painting her home she would have gotten away without having to pay. Louise’s failure to act on her
In conclusion, taking everything into account, the consideration and intention are presented in the case. The court is able to legally enforce this because Ruth’s company are already in a contract with Marques and were willing to make few changes such as increase his payment. This means the parties intended to be legally bound when the offer was made.
Rules. – The court evaluate was if the past contract was valid and binding After that the court dismissed the intention
Issues of this case: Could the offer acceptance by e-mail be capable of creating contractual relationships? Was there a breach of contract? The matter of the case is regulated by Contract Law.
Ruling that the contract is legitimate seems a likely outcome seeming as the contract kept to the four key principles of creating a contract. It must be remembered that not all contracts are well written or thought out however it is important for the contract to have clarity.
A contract is an agreement that creates obligations that are enforceable by the law. A contract can either be written or spoken. There are elements to a contract that make it valid and binding. This is defined as a clear manifestation of willingness to enter an agreement made by another person with full understanding that their assent to the bargain is an invitation and is concluded. As to whether there was an offer in this case, yes there is an offer. When the salesman offered the buyers time for a test drive and they finally chose and agreed to buy the blue car it was a clear offer.
A contract is only legal when there is an Offer and consideration is made and it is accepted
• But for Lyle’s failure to follow the specific installation instructions with regard to the wrong widget, coupled with his failure to notice it was the wrong widget due to putting personal interests above performing per the subcontract agreement, the injury would not have happened;
for it to qualify as a proper contract in the eyes of the law: offer
1) There was an oral contract between both parties when they reached an agreement before the 90 days period to decide distribution. Although Chou never made an actual written contract. BTT’s email that spelled out that all terms were met and agreed upon by both parties sent to Chou with the title of Strat Deal on it would be taken as equal parties’ acceptance. Since both parties did not