Nobody downloaded yet

Business and Company Law: answering the questions - Essay Example

Comments (0) Cite this document
Summary
Business and Company Law Question One The Precise Nature of John’s Advertisement Offer and acceptance provide the means by which courts analyze the negotiating process to determine whether a contract has been entered into, the time the contract was made and the primary terms and conditions of the contract (Gibson v Manchester City Council, 1978)…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.1% of users find it useful
Business and Company Law: answering the questions
Read TextPreview

Extract of sample
"Business and Company Law: answering the questions"

Download file to see previous pages A valid offer thus contains a proposed terms for an exchange and an indication that the offeror is willing to be bound when the offeree accepts the offer. In assessing the extent to which John’s offer is a valid offer manifesting an intention to create legal relations, the courts will apply an objective test. In doing so, the question is the offeror’s conduct was such that a reasonable person would believe that an offer was being made and the offeree believes that the offer is a genuine one and not insincere (Harvey v Facey, 1893). However, there is an exception to the display of goods in a shop window and shop signs which are described as invitations to treat rather than offers (Pharmaceutical Society v Boots Chemists, 1953). However, this rule is not rigidly applied and depends on the intent of the advertisement. For instant an advertisement that demonstrates a serious intent to satisfy a promise if certain conditions are met will not be treated as an invitation to treat, but rather an offer (Carbolic Smoke Ball Co., 1893). The fact that John owns an art gallery and placed the advertisement in the window of his Art Gallery, would indicate that his conduct is such that his offer is genuine and certainly any reasonable person would be led to believe that he was making a serious offer. It therefore follows that John is making an offer to enter into a legally binding contract, and that is the precise nature of his advertisement. Whether Mick has Entered into A Binding Contract with John Acceptance should generally mirror the offer made in order to form a legally binding contract. The acceptance must correspond with the offer in order to form a valid contract and should be communicated to the offerer in the form required by the offer (Chen-Wishart, 2008). John offered to sell a Matisse Painting for 5000 pounds cash to the first person who accepts it on Saturday the 12th and that the offer would expire after one day. Mick’s acceptance did not mirror John’s offer. Although Mick’s acceptance was in writing, posted and arrived on time, he offered to pay 4,800 pounds. Thus the offer of 4,800 pounds does not match John’s offer. Mick’s acceptance suggesting a sale for 4,800 pounds instead of 5,000 pounds as stipulated in the John’s offer, represents a counter-offer and effectively dispenses with the original offer. For instance in Hyde v Wench (1840), the defendant offered to sell a farm to the plaintiff for 1,000 pounds and the plaintiff indicated that he could only afford 950 pounds. The defendant did not agree to the reduced sale, and the plaintiff then relented agreeing to pay the original 1,000 pounds requested. However, the defendant refused to sell the farm for either sum. It was held that the plaintiff’s statement that he could only pay 950 pounds was counter offer which effectively meant that the original offer was essentially removed from the negotiations and there was no obligation to sell the property for 1,000 pounds. It therefore follows that since Mick effectively rejected John’s offer by making a counter offer, John is under no obligation to sell the painting to Mick. There is no contract and thus there is no obligation to continue negotiating with Mick. Since John was not interested in Mick’s counter offer, he had no obligation to communicate this rejection of the counter offer (Chen-Wishart, 2008). Whether Ronnie has any Right of Action Against John Ronnie’ ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Business and Company Law: answering the questions Essay”, n.d.)
Retrieved from https://studentshare.org/business/1392972-business-and-company-law
(Business and Company Law: Answering the Questions Essay)
https://studentshare.org/business/1392972-business-and-company-law.
“Business and Company Law: Answering the Questions Essay”, n.d. https://studentshare.org/business/1392972-business-and-company-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Business Research Projects: answering the questions
...?Running Head: Principles of Management Principles of Management [Institute’s What did Dr Wang mean by ‘your job as a management Master’s degree student is to use theory to help to explain and even solve management problems’? Answer 1: Master of Business Administration is a degree that allows its graduates to take up leadership roles after the completion of their study. The courses in MBA equip an individual with all the core functions of any business, whether automobile industry, healthcare, or even government. Therefore, one sees professionals including physicians, engineers, and architects pursuing their MBA degree. This is because it enables an individual to conduct any...
10 Pages(2500 words)Essay
Business Law Questions
...qualities have been the target of most state legislations and policy regulations. The close scrutiny of close corporations has resulted in courts holding shareholders personally liable for the risks bedeviling such businesses. The uneasiness of investors with limited liability within the context of close corporation should serve as an indicator for caution, regarding to passing over of limited liability to another group of executives owning the business, such as LLC partners. However, LLCs are better because they limit liabilities extended to members and can easily operate in the current environment where tort law limits the scope and operations of companies....
8 Pages(2000 words)Essay
Company Law for Business
...? Company Law for Business Table of Contents Introduction 3 Evolution of CSR 3 History of CSR 5 Role of CSR in Financial Crisis 5 Prospects of CSR infuture 8 Conclusion 9 References 10 Introduction Corporate social responsibility is a form of corporate regulation that is integrated into the business model of an organization. Leading organizations around the globe are trying to implement unique strategies in business processes in order to maintain their competitive position in global market place. Competition in global business environment gradually increased right after the Second World War due to globalization. Several organizations implemented...
8 Pages(2000 words)Essay
Company Law, Business Law
...May 23, 2006 Academia Research Topic: Exam questions for Business Law (Company Law Adam owns 11% of the shares in a medium-sized company, andthat company owns a chain of fast food outlets around Wales. Apparently, the board of directors has decided to implement two recent special resolutions to alter the articles of association. Additionally, Adam is uncomfortable with the decision of the board of directors because the board of directors no longer needs to obtain the approval of the shareholders for certain high-value transactions. Mostly, the majority rule usually prevails when voting over certain issues pertaining to the...
3 Pages(750 words)Essay
Answering questions
...and not real (Plato et al. 181; par. 477e). Q. 2 Thrasymachus makes two assertions regarding what is just or right. He points out that justice is the action of serving the interest of a stronger one. It is an advantage of the strong. He also adds that just actions are those that obey the state’s law (Plato and Grube, 15; par. 338c). Glaucon takes up the argument from Thrasymachus in terms of defining justice in a contrasting way. Glaucon points out that justice is a compromise between fear and advantage. People comprehend that being unjust is usually to their advantage; nevertheless, they fear being a victim of injustice. Hence, if one could act in an unjust manner and not suffer consequences, one could (Plato and Grube, 38; par....
2 Pages(500 words)Essay
Answering Questions
.... Write about your own experience in today’s case study. What answers did you give to the questions? Questions a) Would you describe Google’s strategy as more deliberate or emergent? Its strategy is emergent. b) Advantages of being experimental It allows one to try out new ideas that may have not been tested before thereby increasing its sources of investment. c) Disadvantages of being experimental Some experimental strategies may not be profitable to a company. d) What do you think of their strategy? It is very impressive. Though their approach may seem experimental, the kind of risks they are taking would be beneficial to the company in future. Week 8 Make a...
4 Pages(1000 words)Essay
Answering Questions
... number: Answers to Questions What are the differences and similarities between the activities of the Muslim Brotherhood in Arab countries and those in the West? Muslim brotherhood is a movement that operates world wide. Its activities are guided by its aims, but differ based on various factors. The Meir Amit Intelligence and Terrorism Information Center, notes that Muslim brotherhood activities are managed through branches in various countries. Every country has different local political and societal conditions. These conditions form the basis of adaptation, and the influence of Muslim brotherhood activities. Conditions are such as sectarian, national, and religious conditions. One aim that the Muslim brotherhood activities are focused... number:...
1 Pages(250 words)Essay
Business Law (company law)
..., England, Pearson Longman. MARTIN, A. R. 2011. Limited liability company & partnership answer book. Austin [Tex.], Wolters Kluwer Law & Business. PYLODET, L. 1873. The Publishers trade list annual. New York, R.R. Bowker Co., Office of the Publishers weekly [etc.]. REUTING, J. 2011. Limited liability companies for dummies. Hoboken, NJ, Wiley.  WILD, C., WEINSTEIN, S., & KEENAN, D. J. 2009. Smith and Keenans company law. Harlow, England, Pearson Longman. WOOD, R. W. 2001. Limited liability companies: formation, operation, and conversion. New York, Aspen Publishers.... by business as such an opportunity allows a business to manage its affairs as best as deems fit. A limited liability company is free to...
8 Pages(2000 words)Essay
Business Law Questions
...the understanding of concepts and proved very useful. The books Business Law by Keenan and Riches and Essentials of Business Law by MacIntyre were important answering Sections 2 through to 4. They added a lot of information on the choices of business name, detailing the process normally undertaken. They were also beneficial in securing notes on financing available to a private company. They also contained good work on the rights of shares and which financed maintained controlling decisions. Business Law by Keenan and riches laid out structure of the company in a simple and clear...
8 Pages(2000 words)Essay
Business Law questions
...Lecturer: Business Law Questions The U.S Department of Labor is the federal agency that issued the citationto Wal-Mart. Enabling Statute refers to the law that delegates new or extended powers to a corporation or a public official. Occupational Safety and Health Act of 1970 is the enabling statute that gives the U.S Department of Labor authority to enforce OSHA regulations. During the process of reviewing a judicial agency’s rule, there are several steps that the U.S District Court has to follow. First, it must examine whether Wal-Mart has a legal right to bring the suit. Secondly, it must ascertain the ripeness of the dispute brought by the plaintiff. Thirdly, it must examine...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Essay on topic Business and Company Law: answering the questions for FREE!
logo footer
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • StudentShare App Store
  • StudentShare Google play
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us