Gavin wants to buy several vintage hats from the first volunteer who offers her a higher price. At this time, the intention exists. Lucy has the intention to buy the hats, and the volunteer has the intention to sell the hats. The first volunteer has an offer to Lucy. However, because the price is higher than Lucy Gavin’ acceptance, she rejects the offer. Thus, there is not a contact. In addition, Lucy finds a second volunteer who offers a much lower price to her. The four elements of the contract needs
Problem page 184 Parts 1 and 2 1. Chapter 2 explained that a promise made by an offeror that effectively limits the offeror’s power to revoke the offer is referred to as an option contract. When A offered to sell B Greenacre and set a fixed time period of five days for the offeree to accept the option the contract was sealed. Therefore A would be wrong to deny having a contract with B. 2. Restatement 43 gives the specific ways that A could have been right in stating that there was no contract with
The question is to know whether Gertie 's proposal is an offer and could lead to a contract . The notice in the trade journal stays a proposal to the public. This proposal could amount to an offer if it is intended to result in a contract, if the other party accepts it, and if it contains sufficiently definite terms to form a contract. Gertie 's notice is sufficiently definite (there is the price and the vase design) to be treated as an offer. But is her proposal could be regarded as an
acquiring company will make an offer for the outstanding shares. There are three types of takeovers: 1.1 Friendly takeovers A "friendly takeover" is an acquisition which is approved by the management. Before a bidder makes an offer for another
case. If Josh can establish that there was a promise made in the advertisement to which he accepted the offer from the company, then the new promise only made a month earlier, advertising that the company was cancelling all previous offers, would not constitute consideration for a new promise, Roscorla v Thomas (1842). Most advertisements are deemed to be ‘invitations to treat’ rather than offers to the world at large. However, if Josh can establish whether or not there was a contract between him
Introduction to Contracts; Q 1 and 6 Q-1 The essential elements of a valid contract are the following 5 elements: Competent Parties; Agreement (Offer & Acceptance); Consideration; Lawful Purpose; and final the Form. Identification of these elements in court case Keunzi v. Radloff 34 N.W. 2d 798 (Wis.1948).The parties are Keunzi v. Radloff; The agreement (offer & acceptance) starts from paragraph 2 (Dear Sir, I wish to confirm…. End the industrial commission). Then it starts from accepting O.A. Krebsbach
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
PROPOSAL An offer or proposal is one of the essential elements of a contract which is an expression of willingness of a promisor to bind on certain terms. Section 2(a) of Contracts Act 1950 states that “when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to the act or abstinence, he is said to make a proposal” Legal Rules Relating to Offer: 1 a) Offer may be expressed or implied. • Express offer: An express
information as when, where, and why the offer would take place. However, according to the UCC if one or more terms, are not in the contract the offer may not be invalid as long as the offer is definite and certain (Liuzzo, 2016). Second an offer must be communicated to the offeree. This is so the offeree is adequately informed prior to making their decision. The offeror communicates the offer orally or written to the offeree (Liuzzo, 2016). Lastly, an offer has to be made with a genuine intention
information of the contract. Two of six elements to a contract have been deemed the most important ones, these are offer and acceptance. Offers can be personally aimed at someone or provided to the world at large, in contrast to this, an invitation to treat can be displayed to grab the attention of people for them to listen to an offer. A party is able to withdraw from a mistaken offer through a letter of Revocation that either offeror or offeree produce before a contract has been completed. Disputes