Decide whether an acceptance is enforceable in the following circumstances with reference to the relevant statutory provisions and case laws: (b) Azlan offered to sell his new smartphone to Richard for RM900. Richard spoke to him and he would pay RM700 instead.
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Question 3
Decide whether an acceptance is enforceable in the following circumstances with reference to the relevant statutory provisions and case laws:
(b) Azlan offered to sell his new smartphone to Richard for RM900. Richard spoke to him and he would pay RM700 instead.
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- Question 3(a) In legal perspective, a minor is incapable to make any valid contracts. Describe the above statement with the support of relevant legal authorities.In October 2015, Dani established a business concern to sell perfumes from different international brands, Chanel, Dior, Hermes, etc. After two years, he became the exclusive distributor of "Big Star" Company's products. Due to Covid-19 spread, the number of products distributed decreased, so "Big Star" Company cancelled the contract with Dani. He requested compensation from the court. Calculating the compensation due to the commercial representative will take into consideration the: O Number of employees O Period of representation O Number of mangers O Court nationalityQuestion 3 Decide whether an acceptance is enforceable in the following circumstances with reference to the relevant statutory provisions and case laws:(a) On Thursday, Rita called Beatrice to offer her most favourite Disney Princess toy for RM300 to be responded by the next day. Beatrice agreed to the offer on Sunday claiming that she has just remembered about it.
- The following situations generally require a contract to be in writing: • sales of land • purchases of goods over $500 • promises made in consideration of marriage ⚫ contracts that cannot be completed in less than one year • a contract in which one person promises to pay the debt of another person This legal concept is known as offer and acceptance promissory estoppel the statute of frauds et lux perpetua luceat eisDEFINITIONS Define or give the meaning of the following: Consent- Acceptance- Natural elements- Option contract Mistake of law DISCUSSIONS When is a contract voidable or annullable? Is it always required that he who alleges fraud or mistake in entering into a contract, must prove hiss allegation? Explain. Give the requisites in order that intimidation may vitiate or annul consent of a party to a contract. May fraud be commuted by a party to a contract though there is no mis interpretation on his part? Explain. Will the acceptance of a business advertisement of a thing for sale produce the perfection of a contract? Explain. PROBLEMS Explain or state briefly the rule or reason for your answer. In a contract containing an option period, when is the offerer not allowed to withdraw his offer even before acceptance by the offeree? When is the offerer allowed to withdraw his offer even after acceptance? S sold his house to B believing that B was C. Can S legally…Sue Flay's Cakery promises to pay Oscar Ruitt not to park in a city-designated no-parking zone in front of her store. This agreement is: (Choose all of the correct answers.) Not enforceable because Oscar Ruitt has no legal right to park in a city-designated no-parking zone Not enforceable because Oscar Ruitt never made any enforceable promise to Sue Flay's Cakery Not enforceable because Oscar Ruitt is merely making an illusory promise Enforceable because Oscar Ruit is giving up the right to do something he would otherwise have the right to do Enforceable because Sue Flay's Cakery is offering legally sufficient consideration to Oscar Ruitt
- LAW 01 1. Donald is 16 and signs a contract with Deedee, an adult. The contract can be voided by: a) Deedee only b) Neither Deedee nor Donald c) Donald or Deede d) Donald only 2. Jose enters into a contract with Sally's Transportation to work as a driver. Under the plain meaning rule, if the contract's writing is clear and unequivocal, the meaning of the contract terms must be determined from a) any relevant evidence existing in addition to the contract. b) the later testimony of the parties. c) only evidence not contained in the document. d) only the language in the contract 3. Under a contract with Valley Vineyard, Walsh begins grading a terraced hillside for the planting of grapes. Halfway through the project, Walsh asks for $5,000 over the contract price because Walsh realizes he could have gotten Valley to agree to more if he'd given them a higher price initially. Valley agrees but later refuses to pay. Valley's agreement to pay more is. a) enforceable. b) unenforceable because…QUESTION 2Thokgamo is the owner of an optometry practice in Maun. She agreed to purchase an eye testing machine from Noah and signed the contract without reading its terms. The contract contained an exclusion clause for all kinds of defects in the machine. The machined proved to be totally defective. Thokgamo attempted to terminate the contract and also maintained that the contract is in conflict with what she and Noah had agreed on orally.Required: Advise Thokgamo about her chances of winning the case. Provide justifications for your points.1. The CS Ball Company made a product called the "smoke ball" which claimed to be a cure for influenza and a number of other diseases. The Company published advertisements claiming that it would pay $150.00 to anyone who got sick with influenza after using its product, according to the instructions set out in the advertisement. The $150.00 reward will be paid by CS Ball Company to any person who contracts the increasing epidemic influenza colds, or any disease caused by taking cold, after having used the ball three times daily for two weeks, according to the printed directions supplied with each ball. Showing its sincerity, the company deposited $1M with the Alliance Bank, Regent Street where they can claim their reward. When Mrs. Clark saw the advertisement, she bought a smoke ball and used it three times daily for nearly one month until she contracted the flu. She brought a claimed from the CS Smoke Ball Company, however, the company ignored her two letters. On her third request for…
- 1. According to the 1980 United Nations Convention on Contracts for the International Sale of Goods, an agreement on a price is required for a contract for the sale of goods to be valid? a. Yes, if the contract is done by writing. b. Yes, article 14 of the convention provides for it. c. No, the price is always unilaterally determined by the seller. d. No, article 50 regulates the case of the valid conclusion of a contract for the sale of goods without determination of the price. e. Yes, if the value of the contract is more than € 10.000. 2. Choose a contracting State to the 1980 United Nations Convention on Contracts for the International Sale of Goods that is not bound by article 11, article 29 or Part II of the Convention that allows a contract of sale to be done in any form other than in writing: a. Finland b. United States of America c. Mexico d. Canada e. Belarus 3. Albert is a merchant selling cars. Bob offered € 5.000 for a car which price announced by Albert was € 10.000.…1) Jim offered to buy James's Porsche motor vehicle. Jim gave James 2 weeks for an answer. Two days after, Jane offered to sell her Porsche motor vehicle to Jim for which he was very excited to purchase because she had the latest model. Jim called James and told him personally that he is no longer interested in purchasing his Porsche. James is very upset, because he was keen to sell. He is of the view that Jim cannot withdraw his offer because the two weeks has not elapsed. He knows that you are a business law student at Open Campus and sought your advice on the matter. Advise James. Will your answer be the same, if Jim failed to communicate to James within the two weeks that he no longer is interested in purchasing James's Porsche motor vehicle and James accepted on the last day of the end of the two weeks?1. According to Section 15 Contract Act 1950, coercion is divisible into TWO (2) categories namely physical coercion and economic coercion. Describe them by giving any relevant situation and related cases.