Q.1 Ans.
Murni and fifi case
Legal issue: Revocation and Acceptance. Murni revoked Fifi’s offer on 25th December 2012 even though Fifi has already posted her letter of acceptance at 3 p.m. on the 25th December 2012
There are 5 fundamental elements of a contract that is the offer, acceptance, veritable aim to make lawful relations, thought, and limit. Section 2(h) of Contracts Act 1950 states that "a contract is an understanding enforceable by law". In this case, there are 2 elements said that is, offer and acceptance. Section 2(a) of Contracts Act 1950 states that "when one individual means his eagerness to do or to avoid doing anything, with a view to acquiring the consent of that other to such demonstration of restraint, he is said to make
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on the 25th December 2012 which is 2 days before 27th December 2012 (day Murni educated Fifi about recovating the offer). The general decide is that an acceptance must be imparted to the offeror. Nonetheless, the postal control is an exemption to the decide that acceptance is just finished when it is imparted to the offerer. The postal principles just apply when the 'acceptance' is sent by post. Acceptance produced results when Fifi posted the letter on 25th December 2012. Where acceptance by post has been asked for or where it is a fitting and sensible methods for correspondence between parties, at that point acceptance is finished when it is posted, regardless of the possibility that the letter is postponed, crushed, or lost in the post with the goal that it never achieves the …show more content…
On fifth September, Adams got the offer letter and posted the letter of acceptance around the same time. In any case, on eighth September, Lindsell sold the fleece as they expected an answer on seventh September yet did not get the letter of acceptance. Lindsell just got the letter of acceptance on ninth September. The issue under the watchful eye of the court was with reference to when acceptance produced results. The court held that acceptance produced results when the letter was posted on fifth September.
Likewise, Section 5 of Contracts Act 1950 states that "a proposal might be renounced whenever before the correspondence of its acceptance is finished against the proposer, however not a short time later." Hence, it isn't right for Murni to repudiate Fifi of the offer as she has effectively posted the letter of acceptance on 25th December 2012. Fifi may raise this issue to court, and she will be qualified for purchase the auto.
Q.2. Sale and purchase
Maria had spoken with Eva over the phone concerning the correct total amount of $60,000 for rendering decorating services provided by Eva. Maria had sent a letter of the telephone conversation stating that Eva agreed to take $60,000 in full satisfaction obligation under the contract. Although Eva, changed her mind when depositing the check in the bank, she legally entered a mutual agreement over the telephone where it resulted in a unliquidated debt, payment is lower than actual.
Whether oral or written, the contract must manifest a mutual intent to be bound expressed in a manner capable of being understood, and include a definite offer, unconditional acceptance and consideration.” (Express Contract 2016) The above definition is a much clearer explanation with key elements outlined; 1. mutual intent, 2, expressed in a manner capable of being understood, 3. definite offer, 4. unconditional acceptance and 5. Consideration.
Answer: Judgment for Alfalfa. Alfalfa was in trouble when he was climbing and Darla rescued him from an almost certain serious injury or death. It was a legally sufficient value since Darla did not have to perform such an act, but she did. Afterwards, Alfalfa promised her a check of $1,000, which qualifies for a bargained-for exchange. However, this promise was made in the event when the action already took place. Therefore, there is a past consideration and does not need to be enforced.
If an offeror makes an offer to an offeree by letter and it is lost in the mail, no legally sufficient offer has been made.
At the same time as Lamb learned about the moral system that ties families together, she also explained about the concern that people in Mangaldihi had in regards to weakening of family connections (Lamb 2000, p.70). This is explained through a series of events including family conflicts and modernity. Many conflicts can be seen after marriage. As new member of another family usually the bride moves into the husbands household. The new status of married couples can cause tension between mother and son, mother in law and daughter in law (bou), father and son, but also between mother and daughter (Lamb 2000, p.71). The relationship between mother and daughter in law seems to generates the most problems. It is said that the bond between a mother
DESCRIBE THE STRATEGIC CONTEXT IN WHICH QUINTANA SHOULD JUDGE MUSIMUNDO’S PERFORMANCE. WHAT ARE THE CHARACTERISTICS OF THE ENVIRONMENT THAT MUSIMUNDO COMPETES IN? WHAT ARE PEGASUS’ STRATEGIC OBJECTIVES FOR MUSIMUNDO? HOW DO THESE FACTORS AFFECT THE BUDGETING PROCESS?
According to the Minnesota Court of Appeals (2005) the written offer is not evidence of a completed contract and therefore no contract existed.
Frank the manager of the Papakura store called with the explanation that my application was declined due to my income not being sufficient enough to repay the loan. I asked Frank if the email that I sent on Thursday 15th Feb was attached to my application, he replied that it wasn’t. I suggested if I should drop off a copy, but he explained that there is a 30 day stand-down. I was very upset with the stores incompetency, but Frank insisted that he’ll try to see if there was something he could do to rectify the situation. Frank called ten minutes later with an apology for not attaching the email
The English contract Offer and Acceptance General principles There are three basic essentials to the creation of a contract which will be recognised and enforced by the courts. These are: contractual intention, agreement and consideration. The Definition of an Offer. This is an expression of willingness to contract made with the intention (actual or apparent) that it shall become binding on the offeror as soon as the person to whom it is addressed accepts it. An offer can be made to one person or a group of persons, or to the world at large.
This judgment given set criterion which is still been used in the modern court system and due to this case it was developed that an offer of contract can be unilateral and doesn’t have to be made to a specific party only. Also it was developed to that the acceptance of an offer does not require a notification and that once the concerned party purchases the product the contract is active then and there itself. And it was also established that purchase of an item is a fine example of consideration and therefore makes it a valid contract. (Smith, 2000).
The basic law of a contract is an agreement between two parties or more, to deliver a service or a product. And reach a consensus about the terms and conditions that is enforced by law and a contract can be only valid if it is lawful other than that there can’t be a contract. For a contract to exist the parties must have serious intentions, agreement, contractual capacity meaning a party must be able to carry a responsibility, lawful, possibility of performance and formalities. Any duress, false statements, undue influence or unconscionable dealings could make a contract unlawful and voidable.
Based on common law and precedent, the English law of contract has been formulated and developed over a number of years with it’s primary purpose to provide a regulated framework within which individuals can contract freely. In order to ensure a contract is enforceable there are certain elements which must be satisfied, one of which is the doctrine of consideration. Lord Denning famously professed; “the doctrine of consideration is too firmly fixed to be overthrown by a side wind” . This is a crucial indication that consideration has long been regarded as the cardinal ‘badge of enforceability’ in the formulation and variation of contracts in English common law.
“The power of money is the power to give”. Beyond the certain level of money has an opportunity to make a difference to society. More the money more to share. It has to be done over the years, but in majority they given to public causes. If they don’t have the money they starts their but not to destination.
In English Law consideration is one of the three main areas of an enforceable contract. It may be defined as an act, forbearance or promise made by a single party that constitutes the price for which the promise of another, is bought. In simple terms, the basic understanding of consideration may be seen as a ‘give and take’ tactic between two parties.
This offer is opened for a week only and it is closed after a week which is on 8 of January. But on January 2nd, Tina sent a letter saying that RM60, 000 is too much for her and she offer RM50, 000 to David. After Tine had made her consideration, she sent her second letter to David saying that RM60, 000 is reasonable and she accept the offer. In the same time, David had sold the car to 3rd party which is Ling Ling. If Tina no makes counter-offer to David, the acceptance is still valid. Therefore, Tina has failed to accept the offer in the first time and she made a counter-offer to David. When the time that Tina made the counter offer which means she had destroyed the original offer and the first offer is no longer to be accepted. Lastly, David has his own right to sell the car to other parties after Tina had made the counter-offer. So in this case, David is allowed for not sell the car to