question and answer sample how to answer law question) question it is the week before anzac day and house is robbed. The court in this case ruled in favour of Adams and it was deemed that the date of agreement was made from when he posted the letter back requesting the wool and not when it arrived, which was in this case too late. Legally ‘an agreement is reached when an offer by one party is unequivocally accepted by the other’. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Certain materials have a certain range of life span. June 8, 2020 by Essay Marketplace. Ex a m ine rs’ re port s 2 0 1 7 LA1040 Contract law – Zone B I nt roduc t ion. As per the section 3 of the Contracts law 1999, the promissory may save her in this case. Introduction An arrangement of a contract needs an agreement; it follows that, in sort for such agreement to be reached. We've received widespread press coverage since 2003, Your UKEssays purchase is secure and we're rated 4.4/5 on A firm offered 100 to anyone who caught the flu after having … Available at: Accessed August 26, 2008. Course. This meant that she wasn’t provided with an answer to the outcome of her application, the time of which was made very clear in terms of when she needed to do this by yourselves. “Offer” and “Acceptance” are the process by which a buyer and seller create a binding legal contract. If the expiry date of the materials is near, then of course the value of the materials will drop. As with the well documented case of Adams v Lindsell, which determined that a posted acceptance is contractually binding. This is unsatisfactory, as one party has no way to know another’s undisclosed intentions. As per contract law, any promise to keep an offer open for a particular amount of time needs to be countered by a consideration, distinct from the consideration for the offer. This is not an example of the work produced by our Essay Writing Service. This essay discusses a legally enforceable offer and acceptance in commercial contracts. As with any constitution, it can discriminate and create its own internal laws which might have an affect on those trying to seek membership. College of Law; Faculty: Jimenez-Contracts; Contracts I and II: Past Exams and Answers. In accordance with the legal stipulations of offer and acceptance Mary is under no obligation to pay her joining fee for a number of reasons. To determine […] Additionally and somewhat ironically correspondence with offer, or the ‘mirror image rule’ states that if you accept an offer it must be accepted exactly as it is offered, without any modifications. Under this meeting of the minds theory of contract, a party could resist a claim of breach by proving that he had not intended to be bound by the agreement, only if it appeared subjectively that he had so intended. With reference to the legal rules relating to offer and acceptance of a contract, advise the club whether it can claim the joining fee from Mary, Frank and Ali. In other words it is very conceivable that the Tennis club will be liable by way of neglecting to take into consideration the potential disruption or inevitable delays that might arise through the postal system or any extenuating circumstances whereby the application might be received slightly later than anticipated. Where a party has encountered a detriment, arising from the existence of particular agreements or understandings between two or more parties, it is essential to establish that any agreement relied upon would be given legal recognition (Geldart, W. (1995) Ch. Suppose that the Club’s constitution provides that “any member who fails to pay any money owed to the club promptly and in full will be subject to imprisonment on the premises for six days for each offence and during this time must scrub the kitchen with a toothbrush”. As part of your answer you should discuss what parts of the case are important and what parts are not. The Contract law paper followed the same format as last year with a requirement to answer four questions out of eight, a mix of problem and essay questions and a free choice as to which to answer. A contract between the parties can be created verbally, in writing, by conduct or by all these means. An acceptance is that, a concluding and incompetent expression of consent to the terms of an offer. An offer may come in the form of written, oral, or by conduct (textbook, 2014). [1] An offer is a statement of the terms on which the offeror is willing to be bound.The “expression” referred to in the definition may take different forms, such as a letter, newspaper, fax, email and even conduct, as long as it communicates the basis on which the offeror is prepared to contract. Must be distinguished from invitation to treat. An invitation to treat is not an offer, but an indication of a person’s willingness to negotiate a contract. Suppose that Tony is determined to take Court action and is looking for cases to support his arguments. As a contract is an agreement, an offer is an indication by one person (the “offeror”) to another (the “offeree”) of the offeror’s willingness to enter into a contract on certain terms without further negotiations. Examiners’ reports 2017. Which did not occur. Another consideration is the quality of the materials. Essay: Contract law. Example: An agreement whereby the father agrees to load the dishwasher and the children to unload it constitutes a domestic agreement not a legal one. As such, from the scenario provided, there was an offer and an acceptance from both parties since Jim and Laura agreed to pay $100 to Stan in order to hold the car for a day. Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. Page 1 of 50 - About 500 essays. In this essay, I am going discuss the … Furthermore, another element of a contract that exists in this scenario is a consideration. A contract is said to come into existence when acceptance of an offer (agreement to the terms in it) has been communicated to the offeror by the offeree. The club was not within its rights to assume that Mary would accept the offer, having failed to communicate with them by telephone and not receiving confirmation until several months after the membership cut-off date. Looking for a flexible role? Under this law, the confirmation of a contract is made once the customer has accepted the offer given by the service provider. Offer stated that Buyer must telephone Buyer by … And considering the club waited over two months to inform Mary, she had no understanding that she had ever been considered in the first place. In creating an effective contract, the rule is that acceptance must be communicated. However what is stipulated in this law as reiterated in the case of Henthorn v Fraser, ‘Where the circumstances are such that it must have been within the contemplation of the parties that, according to the ordinary usages of mankind, the post might be used as a means of communicating the acceptance of an offer, the acceptance is complete as soon as it is posted’. Lastly, for the process of offer and acceptance to result in agreement, the terms of offer must be accepted without suggesting changes. These elements consists of offer and acceptance, consideration, intention to create legal relationship, capacities of parties to contract, certainty of meanings and the necessary legal formalities. Offer and Acceptance is a traditional approach in contract law which is used to determine when an agreement exists between two parties. An attempt to accept an offer on different terms should have been constructed as a rejection of the original offer and the making of a counter-offer. He would have assumed that his membership was disregarded as it was late and he never received written confirmation. It is not an offer in itself. The law also provides all workers and public servants with the right of association domestically and internationally and protection ‘against antiunion discrimination, and workers exercised these rights in practice’ One point to note is that Australia has no Federal Bill of Rights. Sample Question and Answer (Offer and Acceptance) University. Registered Data Controller No: Z1821391. If this was not done and payment was merely requested on the basis that Mary Jones had been granted membership, once again she would not be liable as Australian Law dictates that a person cannot accept an offer of which he/she has no knowledge. There are 4 vital action needed for the formation of the contract that includes offer, acceptance, intention to create legal relation and consideration. All work is written to order. For example: Buying candies in a shop. Domestic agreements made between members of a family, for example, parents and children, also do not create a legal relationship. Why or why not? Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. The shopkeeper then tells you that she has made an error on the price; therefore there is no offer it’s merely an invitation to treat. A service provider makes an offer to a customer regarding the provision of a service. It represents an internal oligarchy that control their own small governing group which has no legal standing in terms of enforcing its own rules directly onto external individuals, although this may be indirect as mentioned before in terms of prejudice or discrimination against those people it wants as its members and those it chooses not to accept. A quality product will definitely fetch a higher price. Hence, we should always examine the products to be purchased before purchasing them. The holding of a public auction will also usually be regarded as an invitation to treat. Acceptance made as invited is operative. Hide. In this case the club constitution is limited to the confines and members of its club. Assuming Mary refuses to pay, can the club enforce this provision of its constitution against her? Bearing in mind that you sent your letter well within the deadline date for which membership would be considered; only to be refused on the basis that your application arrived late due to a postal strike, there may be a case for us to adopt the approach of the Postal Acceptance Rule. As a contract is an agreement, an offer is an indication by one person (the “offeror”) to another (the “offeree”) of the offeror’s willingness to enter into a contract on certain terms without further negotiations. A contract is said to come into existence when acceptance of an offer (agreement to the terms in it) has been communicated to the offeror by the offeree. Offer as “an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed”, the “offeree”. The change from $1000 to $2000 breached this requirement. Ali also followed up his request to apply for membership over the telephone, thus legitimizing his desire to join. Here may however be statutory or complementary obligations, so consumer protection laws prohibit misleading advertising and at auctions without reserve there is always a duty to sell to the highest bona fide bidder. ACCEPTANCE. She telephoned the club to confirm whether or not her application was accepted but was unable to get through to speak to anyone. A contractual agreement is formed when one party (the offeror) makes an offer to enter a contract and the other party (the offeree) accepts the terms of the proposal. Thus Linssell automatically assumed that his offer had been rejected having waited so long for a response. Free Contract Law Essays and Papers. Then, the seller either accepts it, rejects it, or rejects it and makes a counter offer. The extent by which the members are controlled is dependent on the constitution. Contract Law ... is focused on Contract Law in regards to the formation of a contract and specifically on the element of agreement for offer and acceptance. With regard to your contesting the outcome of the Tennis Club to accept you as a member. B. Is different from: counter-offer, cross-offer and enquiry. The distinction between an offer and invitation to treat is best understood through the categories that the courts create. The law has been criticized for having ulterior motives that were connected with publicizing the post office in the nineteenth century, although it does seem feasible that it was a law passed to aid the practicalities of business efficiency. This is an exception in law to the principal that the offeree (In this case yourself) communicates your acceptance to the Offeror. Disclaimer: This work has been submitted by a university student. 69. acceptance that concludes a contract, a promise is established and expectation damages are available. If an agreement is made in the course of business dealings, then in the absence of express words to the contrary, the courts will say that legal relations were intended. In order to prevent such cases from happening, we should always inspect the quality of the materials and make sure upon delivery of the product, the quality still remain as promised during the auction. Carlill v Carbolic Smoke ball Company1 is a prime example on the formation of a contract. The acceptance or acceptability of substitute methods of acceptances concerns the very presence of a contract. Under the general law, there is the law of offer and acceptance. Do you have a 2:1 degree or higher? It gives the definitions of an offer and an acceptance and discusses how the commercial contract mirrors the intention of the parties and offers wide freedom of contract to the party… At an auction the bid itself is an offer and then the auctioneer can either accept or reject the offer. If the condition of the materials is still in good shape then it is wiser to buy them at auctions rather than from wholesalers. Boss’s telephone call to seller was intended to be an acceptance. To be valid, an offer must contain all the terms of the contract all of the terms of the contract, either expressly or impliedly. Business Law (MLC101) Academic year. In a club, such as the Country tennis Club members have to obey the laws and house rules as laid down in the constitution. Copyright © 2003 - 2020 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. Lindsell (the defendant) wrote to Adams (the plaintiff) to make him an offer of some wool and asked for an agreement for this sale to be issued by return of post which Adams provided. Past Exams and Answers (Professor Jimenez) Contracts I Fall 2006 Exam : Contracts I Fall 2006 Answer (4.0) Contracts II Spring 2007 Exam: Contracts II Spring 2007 Answer (4.0) Contracts I Spring 2007 Exam: The U.S. But only as members of the club. Generally, acceptance can be in any form as long as it is transmitted to the offeree, if the offer specifies a method of acceptance (such as “by return of post”, “by fax” or “by telegram”) and the offeree uses a different method there is no contract (Eliason v Henshaw, 1819). You do not confirm whether the club actually wrote to Mary in September when the decision was made to accept her. The considerations should include condition of the materials being auctioned. 20th Aug 2019 In the first case the Contracts Law 1999 and the Sale of Goods act 1979 may be used. You can view samples of our professional work here. The “mirror image rule” states that if you are to accept an offer, you must accept an offer exactly without any modifications; if you change the offer in any way, this is a counter-offer that invalidates the original agreement. Helpful? Offer and acceptance are a means of analyzing the process of negotiation to decide whether and when a contract has been made and what therefore constitute its terms. 3). Additionally silence cannot be construed as acceptance. There are eight elements of contract law, namely offer, acceptance, consideration, capacity, legal relations, legality and agreement. In Harvey v. Facey, an indication by the owner of property that he or she might be interested in selling at a certain price, for example, has been regarded as an invitation to treat. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Social agreements are made between friends and are made without the intention of being enforceable. An invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract. A bidder may withdraw his or her bid at any time before the fall of the hammer, but any bid in any event lapses as an offer on the making of a higher bid, so that if a higher bid is made, then withdrawn before the fall of the hammer, the auctioneer cannot then purport to accept the previous highest bid. In addition he had stipulated in writing that his terms of agreement were related to gaining a contract of work from the club. Uniform Commercial Code provides that in an auction without reserve the goods may not be withdrawn once they have been put up. Contract Law It is an acknowledged fact that every material has an expiry date. Therefore in this essay, the four core elements needed for the formation of a contract such as offer, acceptance, and consideration and intention to create legal relations Study for free with our range of university lectures! is the need for the offeror to consider what is reasonable to expect in the case of making an offer available. We're here to answer any questions you have about our services. At most times, materials can be bought cheaply at auction rather than from wholesalers. A constitution is defined as ‘a set of rules which governs an organsation. However Lindsell’s original letter arrived late as he managed to address it incorrectly. Some examples of invitations to treat are: Display of goods in shops Advertisement (which can be of bilateral transaction or unilateral contract) Ticket cases Auction sales Tenders Subject to contract Duration and termination of offer An offer continues in existence, capable of acceptance until it is brought to an end. Second, the acceptance must be clear, unequivocal, and unconditional. The buyer then has the same options (accept, reject without making a counter offer, or reject with a counter offer). First, acceptance must be communicated by the offeree to the offeror in the manner requested by or implied in the offer. These materials are able to be cheaper than those sold by wholesalers probably because they have drop in value with the condition of the materials that might have deteriorated over time. Therefore, these materials are often sold at auction and bidding starting from a low price to the highest price being bid. This makes a good case for you against the club as you were responding to their requests. However his assumption of failure to be invited to membership may not be enough in terms of rendering Ali not culpable. Discuss About Offer and Acceptance in Contract Law: 1009 Words | 5 Pages. A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. A contract is made by orally, by conduct and in writing. In this instance acceptance is granted when the letter stating acceptance is actually posted and. Also assume that (1) all mailings were done properly, and (2) the common law of contracts, and not Article 2 of the Uniform Commercial Code, applies. Every organization, whether social club, Trade Union or nation state, which has defined objectives and Departments or offices established to accomplish those objectives, needs a constitution to define the powers, rights and duties of the organizations members’. Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of Second, the acceptance must be clear, unequivocal, and unconditional. Acceptance of an offer may be made verbally or in writing, or it may be inferred from the conduct of the parties. Once again no formal agreement has been instigated by Ali as he failed to contact the secretary to discuss or accept membership. As with the well documented case of Adams v Lindsell, which determined that a posted acceptance … 1.1 Offer. Agreements of a business or commercial nature are treated differently from social or domestic agreements by the law. 2017/2018. A constitution in this sense establishes the laws and principles of the club itself which do not infringe on the external it reflects a temporary law or measure which has little power in the external world around its governing area. Accreditors give their meanings in the arts and creative processes. VAT Registration No: 842417633. Acceptance is a final and unqualified expression of assent to the terms of an offer.
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