In order for Barry to bring a successful legal action against Sarah he would have to prove the following main points of law. 1, There was a valid and current offer 2, Acceptance of a valid offer was received by Sarah. 3, The first two points occurred in the correct manner, and the offer was accepted resulting in a binding contract. The sequence of events and the resulting points of law were as follows On Monday Barry contacted Sarah, his sister to discuss IT needs as this is her area of expertise. Sarah confirms she has 3 different computers that she would expect to receive at least $1000 for each of them, and that she would be prepared to hold the laptop until Friday if Barry was interested. Barry confirmed his interest and requested to see photos of the laptop. On Wednesday, Sarah directs him to an advertisement online with pictures of the laptop. At this point Barry has enquired, no offer has been made and Sarah has shown an invitation to treat as per Partridge v Crittenden (1). We are not made aware of the contents of the online advertisement, nor are we privy to the asking price of the advertisement. Nor are we aware of the stated method of acceptance if any, this is important as per Adams v Lindsell (2) for when no means of acceptance is stipulated. This would mean that Sarah would only have to make Barry aware of her acceptance for it to be binding. Sarah directs Barry to a commercial advertisement for her business this makes it a professional dealing and not a family one as this is Sarah’s business and she has elected to deal in a business sense not a family sense therefore intention to be bound must meet a business requirement not a family one refer to case: Carill v Carbolic Smoke Ball Co (3). To clarify that this is no... ... middle of paper ... ...arah, this was not accepted and there can be no legally binding agreement between the two parties. In conclusion we confirm Barry made a legitimate offer for the laptop of $1000 and a 12 month warranty, this was communicated to Sarah who did not agree to it only showed consideration not acceptance, Barry then attempted to revoke the initial offer and propose a new contract arrangement. This new offer was never received by Sarah nor was the revocation of the first offer communicated in a satisfactory manner. This means as Sarah had no agreement with Barry she was free to sell the laptop to Aiden for the offered $1200. Therefore Barry would not be able to bring a legal action against Sarah for the sale of the laptop due to no valid contract for the sale of it between them. Works Cited Graw, Stephen, An Introduction to the Law of Contract (Lawbook, 7th ed, 2012)
The defense’s argument that Abigail’s offer did not specify a particular a purebred was not upheld by the jury. Alex thought that he was getting a Chihuahua, or at least a purebred dog. “Such a misrepresentation is one that is likely to induce a reasonable person to assent to a contract” (Twomey & Jennings, p. 273). By delivering a dog that did not reasonably fit within the slightest specifications of a purebred, Abigail blatantly disregarded the contract between she and Alex. Her ad stated that she was selling “purebred toy breed puppies”, not a mix bred (mutt) and definitely not a full size dog, which is what Alex later found out to be the dog he received. The plaintiff was in fact harmed by Abigail’s actions in the form of having paid money in good faith that she would uphold her half of the agreement. The fact that Alex accepted the puppy from Abigail and now has an attachment to the dog, does not excuse Abigail’s actions, nor does it acquit her of any wrongdoing. The plaintiff has established the four elements of
According to the Minnesota Court of Appeals (2005) the written offer is not evidence of a completed contract and therefore no contract existed.
The four elements of a contract are the agreement, the consideration, contractual capacity, and a legal object. The oral agreement between Sam and the chain store satisfies the agreement element of a contract definition because when the chain store offered to sell Sam 's invention at their stores, Sam accepted by agreeing to ship 1000 units in exchange. The second element of a contract, the “consideration of each party,” is satisfied because Sam and the chain store have something to give the other (1000 units of the invention in exchange for the exclusive sales of the product at their stores). The third element is “contractual capacity,” which may or may not be fulfilled since we do not know Sam 's age or whether
The four elements to a contract are an offer, an acceptance, an intention to create a legal relationship, and a consideration (usually money). The first and second element of a contract is the agreement, which is made up of an offer and an acceptance of a contract. The elements of an offer are (1) serious intent
Unfortunately for Ashton, Busch is correct. There is no enforceable contract between the two landowners. The oral agreement is not enforceable because it involves the transfer of land and the sale of goods between the two is greater
In order to have an enforceable contract there must be an offer which is accepted prior to any revocation of that offer. Acceptance is a final and unqualified assent to the terms of an offer. Acceptance must be effectively communicated to the offeror unless the need for communication has been waived, as in...
1. (A) Yes, an acceptance for the offer was communicated between Margaret and Frank. Margaret saw Frank’s offer for the lawn mower, and Margaret said that she would buy it for the asking price of $200. Since Margaret did not bargain for another price, and used the words “I will,” she indicated that she accepted the offer that Frank had originally advertised.
In an attempt to make peace with all this, Mr. Brown buys both ladies their first round of drinks and they all sit and start chatting. The contract comes up and Beyoncé mentions an interest in some, if not all of the knives in question. Beyoncé then writes on the cocktail napkin that she agrees to pay Mr. Brown the remaining $2500 that is owed by Rhianna by next Friday. Mr. Brown and Beyoncé both sign it, but not Rhianna. Now the major issue at hand is that there is still the original contract between Brown and Rhianna; that’s still in play. But then Rhianna tried assigning duties to Beyoncé, who was visibly intoxicated and clearly not in a competent state of mind. But then there’s this next agreement, on the napkin, but not all parties sign. Did Rhianna agree to
The agreement that was made and the subsequent acts of the parties supply sufficient certainty to that the agreement was sufficiently definite.
1) An offer allows the person or business to whom the offer is made to reasonably expect that the offering party is willing to be bound by the offer on the terms proposed. The terms of an offer must be definite and certain . Based on the facts presented in this case, Mr. Pending offered Mr. Thompson a 50 percent raise and a five-year contract. 2) Acceptance is a clear expression of the accepting party’s agreement to the terms of the offer . In applying the case facts, Mr. Thompson accepted Mr. Pending’s offer when he turned down the offer from Ms. Eugest to stay with White Arch Casino (WAC). 3) Consideration is a legal term given to the bargained-for exchange between the parties to the contract – something of value passing from one party to the other. Each party contract will gain some benefit from the agreement and incur some obligation in exchange for that benefit. Finally, Mr. Pending’s bargain-for exchange was if Mr. Thompson stayed with WAC he would receive his offer next
a) Given that Eva and Maria entered a written contract supported by a legal document for a price agreed on $75,000 for rendering decorating services, there is consideration. Both parties agree upon a price and this contract verifies validity.
IN CONSIDERATION OF the mutual obligations and benefits described in this Agreement, the sufficiency and receipt of which consideration is hereby acknowledged, the two parties come to an agreement
Went in and concluded business negotiations with our contributor. I assumed the responsibility of advancing fifty dollars, putting it as a necessary formality in binding our bargain. (331)
Defendant sent plaintiff a document titled ‘Agreement for Sale’ and the letter indicates that if Mr. Storer sign the Agreement and return it, the defendant will send Mr. Storer the Agreement signed on behalf of the council in exchange. Therefore, Mr. Storer signed and returned the ‘Agreement for Sale’, however, the defendant refused to sell the property to Mr. Storer. The court held that to a reasonable man, the defendant letter appeared to commit to sell the property if plaintiff returned the signed document. Thus, it was an offer.
Offers is the promise made by the offeror and it must be distinguished from invitation to treat it also has a general rule that advertisement or brochures or price list amount to invitation, it cannot be defined as a valid offer. In this case Tony as an offeror he only advertised to invite consumer to treat according to the case Partridge v Crittenden [1968] 1 WLR 1204 generally this advertisement cannot be regarded as offer and there is no promise between Tony and Emma at beginning. Even though this advertisement