Explanation Of Law Case Study

624 Words2 Pages
bulb-icon

Recommended: Case laws on postal rule

Scenario 3 The issue determines: 1.Whether these has been valid revocation offer made by Andy? Explanation of Law Generally, the acceptance must be communicated to the proposer. If other method of communication is used to communicate acceptance, the postal rule will apply as exception to the general rule. In the case of Adams v Lindsell (1818), the defendant set a letter to plaintiff, offering to sell plaintiff a certain amount of wool on September 2nd. The offer provided for acceptance by written notice sent through regular mail (“in course of post”). Plaintiff expected to receive a response from defendant by September 8th. The defendant sent the letter to the wrong address. The defendant received plaintiff’s acceptance on September 9th. On September 8th, defendant sold the wool to a third party. plaintiff brought suit against defendant for breach of contract. The trial court held that plaintiff’s acceptance was valid when placed by plaintiff in the mail. The trial court entered judgment for plaintiff, and defendant appealed. In another case of Dunlop v Higgins (1848), the defendan...

Show More
Related

  • Alex V Abigail Case Study

    511 Words  | 2 Pages

    Our decision was based on determining if there was contract formed and if the terms of said contract were performed by both parties. We found that Abigail placed an advertisement with the intent to lead readers to believe that she was selling “purebred toy breed puppies” for $100, “quoted for immediate acceptance”. Alex responded to Abigail’s advertisement and accepted her offer by submitting the required $100 payment to the P.O. Box, as stipulated in the advertisement, and inquired about when he could pick up

    Read More

  • Xerxes Company Case Study

    1017 Words  | 3 Pages

    Aldo shipped 10 refrigerators to Rafael pursuant to a sales contract under which title to the goods and risk of loss would pass to Rafael upon delivery to Fleet Railroad. The agreed price was $5,000. When the refrigerators were delivered to Rafael, he found they were damaged. An estimate for repairing them showed it would cost up to $1,000, and an expert opinion was to the effect that they were defective when shipped. Rafael put in a claim to Aldo, which Aldo rejected. Rafael then wrote to Aldo, “I don’t like to get into a despite of this nature. I am enclosing my check for $4,000 in full payment of the shipment.” Aldo did not reply, but he cashed the check and then sued Rafael for the $1,000 balance. May he recover? Explain.

    Read More

  • Case Study Of The Real Estate Purchase Contract

    1649 Words  | 4 Pages

    The Mailbox Rule is an area of Utah state law that declares the contract to be effective once the person accepting terms of said contract delivers it to a mailbox. The buyers stated in Addendum No. 2 that if they had not heard back from the seller by 12 a.m. that day, they would consider their counteroffer accepted. The seller was aware of the Mailbox Rule and delivered the accepted contract to a mailbox at 10:15 p.m.. The seller then experienced a phenomenon known as seller’s remorse, and left a voice message for Jon and Marsha at 12:30 a.m., thirty minutes past the proposed

    Read More

  • Court Case: Steinberg Vs. Chicago Medical School

    1956 Words  | 4 Pages

    Barbara Kalas (plaintiff) owns a print shop and filed a lawsuit against the defendant, Edward W. Cook for a breach of duties in which Adelam Simmons was the buyer of the estate. Kalas had a very extensive verbal agreement with Simmons for the sale of items and after Simmons’s death Cook declined to pay for these items that were delivered to her.

    Read More

  • Law Case

    945 Words  | 2 Pages

    McOskar Enterprises, Inc. owns and manages a health and fitness center identified as “Curves for Women”. Tammey J. Anderson, the complainant, joined Curves on April 2, 2003. As part of the joining process Anderson signed a release of liability agreement. This agreement released Curves from any liabilities related to injuries that might be sustained by contributing in any activities or through the use of equipment. The agreement also stated that participants agreed to all risks of death or injury that could occur, Anderson read and signed the agreement of terms with Curves. After completing the liability agreement, Anderson began working out under the observation of a Curves’ trainer using the machines within the facility. During the workout Anderson notified the trainer that she began to feel pain in her neck, shoulder and arm, but finished her workout. She continued to feel the pain when she got home and pursued medical attention. As part of her prescribed medical treatment she was sent for a course a physical therapy. In June 2003 Anderson underwent a cervical discectomy, a procedure used to treat nerve or spinal cord compression. After her procedure Anderson sued Curves, claiming negligent acts during her workout. Anderson v. McOskar Enterprises, Inc., 712 NW 2d 796 (Minn. 2006).

    Read More

  • Analysis of Law Cases

    1766 Words  | 4 Pages

    Facts: Two residents of Virginia, Mildred Jeter a colored woman and Richard Loving a white man, got married in the District of Columbia. The Loving's returned to Virginia and established their marriage. The Caroline court issued an indictment charging the Loving's with violating Virginia's ban on interracial marriages. The state decides, who can and cannot get married. The Loving's were convicted of violating 20-55 of Virginia's code.

    Read More

  • Law And Order Case Analysis

    880 Words  | 2 Pages

    In one of Law & Order’s “ripped from the headlines” episodes titled “House Counsel,” a juror in a mob trial is found dead. Law enforcement investigates and learns that the mobster tampered with the juror in order to avoid a conviction and then killed him to keep him quiet. The lawyer defending the mobster is a good friend of Assistant District Attorney Jack McCoy. Later in the investigation, McCoy discovers that his friend may have played a role in the jury tampering. When he suspects his friend is involved, McCoy sees an opportunity to get the mobster and prosecutes the attorney for the murder to leverage information about the mobster. In the end, the lawyer is convicted and the attorney-client privilege between the lawyer and the mobster is dissolved.

    Read More

  • Case Law Case Study

    1560 Words  | 4 Pages

    Nearly every aspect of law enforcement has a court decision that governs criteria. Most court rulings are the result of civil lawsuit towards a police officer and agency. However, currently, there is no law that mandates law enforcement driver training. When it comes to firearms, negligence by officers has resulted in a multitude of court rulings. Popow v. City of Margate, 1979, is a particularly interesting case that outlines failed firearms training by an agency. In this case, an officer chasing a suspect during a foot pursuit fired at the suspect, striking and killing an innocent bystander (Justia.com, 2017). The court ruled that the agency was “grossly negligent” of “failure to train” (Justia.com, 2017). As a result, nearly every agency requires annual firearms training and has written policy concerning the same. Officers must show proficiency in firearms use every year to maintain their certification. Many states even impose fines on officers for

    Read More

  • Court System Case Study

    1519 Words  | 4 Pages

    In this essay, I will be examining how the court system can fail to deliver justice for particular cases and people’s circumstances, as well as looking at alternatives to court, like circle sentencing, restorative sentencing and alternatives for children to the formal court system, as outlined in the Young Offenders Act 1997 (NSW). Crime is defined in the Oxford Dictionary as an action or omission which constitutes an offence and is punishable by law. On the other side of this is justice; the quality of being fair and reasonable.

    Read More

  • Legal Issues in Estoppel: Promissory Estoppel in Relation to the Law of Contracts

    1357 Words  | 3 Pages

    In the 19th century, promissory estoppel was first introduced in Hughes v Metropolitan Railway Co , where Lord Cairns ruled that parties who have entered into fixed terms and then afterwards, by their own act or will, enter negotiations which influence the other party to assume that the stringent rights that were originally imposed will not be enforced or will be deferred, should be unable to reverse from this if it is inequitable for them to do so. This doctrine was resurrected by Lord Denning in Central London Property Ltd v High Trees House Ltd , where he expanded on the doctrine of promissory estoppel and ruled that where there is a promise intended to form legal relations and the promisor knew it would be acted upon and it was acted upon by the promisee then the promise made would be binding even with a lack of consideration.

    Read More

  • Consumer Law Essay

    1121 Words  | 3 Pages

    Marketing is a system of business activates designed to plan, price, promote and distribute want-satisfying products, services and ideas to customers in order to achieve business objectives. Consumer law protects consumer’s rights in the marketplace as well as fair trading, competition and accurate information. On the other hand, ethical aspects of marketing are about making marketing decisions that are morally right. However, consumer law and ethical aspects of marketing have a lot of advantages and disadvantages in the marketplace, which impacts business 's sales and growth like it happened to: Harvey Norman, Nurofen, apple, etc.

    Read More

  • alternative dispute resolution

    1011 Words  | 3 Pages

    Although ADR is an appealing alternative to litigation today, throughout the early history of the United States, courts expressed much hostility toward the idea of enforcing an agreement through any alternative dispute resolution. Throughout the 1900’s, United States courts were reluctant to enforce any agreement to arbitrate an existing or future dispute unless a specific statute...

    Read More

  • The Rule Of Law Case Study

    1152 Words  | 3 Pages

    The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.

    Read More

  • The Doctrine of Frustration

    951 Words  | 2 Pages

    In Krell v. Henry {1903} a plea of frustration succeeded because the court held that the common purpose for which the contact was entered into, could no longer be carried out. But in the same year for similar set of facts, the Court of Appeal decided in Herne Bay v. Hutton [1903] that the contract had not been frustrated because the "common formation of the contract" had not changed. It clearly was a policy decision which shows the reluctance of the courts to provide an escape route for a party for whom the contract ha...

    Read More

  • Carill V Carbolic Smokeball Case Study

    1388 Words  | 3 Pages

    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).

    Read More

More about Explanation Of Law Case Study

Open Document