Nobody downloaded yet

Business Law - Essay Example

Comments (0) Cite this document
The problem in this question relates to offer, unilateral offer, invitation to treat, acceptance, rejection of offer and past consideration. These would be discussed in line with the facts and determination of conclusion of the issues would be made in accordance with that…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.4% of users find it useful
Business Law
Read TextPreview

Extract of sample "Business Law"

Download file to see previous pages The problem in this question relates to offer, unilateral offer, invitation to treat, acceptance, rejection of offer and past consideration. These would be discussed in line with the facts and determination of conclusion of the issues would be made in accordance with that. The important aspect in respect of the question is that of the differentiation between an offer and invitation to treat. This has been drawn by the courts. Invitation to treat is an expression of willingness of one party to go into into negotiations with another party anticipating that a contract would be concluded at the end of such negotiations. Items on shop display and their prices are treated as an invitation to treat (Fisher v Bell). Advertisements are generally treated as invitation to treat (Harris v. Nickerson ). There are certain exceptions to this the reasoning based on intention and certainty. (Carlill v Carbolic Smoke Ball Co, a case on unilateral offer.)1. An offer on the other hand has been defined as an unequivocal willingness by a party known as the offeror to enter into a contract on stated terms and provided that such terms would be accepted by the person to whom the offer is made (offeree) a contract would come into existence. Acceptance has been defined as the unconditional acquiesce to the terms that were laid down by the offeror. The important aspects of acceptance are that it should be unconditional and must be communicated to the. ( Holwell Securities v. Hughes2) . A number of exceptions have developed in respect of communication, one of them being the postal rule, whereby acceptance takes place as soon as a letter is posted. As far as instantaneous means of communication is concerned it can be said that the postal rule in Adams v. Lindsell3 of acceptance is not applicable and thus actual communication of acceptance needs to be done (Mondial Shipping and Chartering BV v. Astarte Shipping Ltd4). As far as silence constituting to be acceptance is concerned, the courts have been consistent in their approach that silence would not constitute as acceptance and acceptance needs to be communicated or can occur by way of conduct. (Felthouse v. Bendley)5 . The advertisement that was placed cannot be classified as a unilateral offer as the facts do not show the requisite certainty and unconditional offer, thus it is evident that the advertisement is an invitation to treat. The discussion with Rose was merely an invitation to treat as there was hope of a contract being concluded and at no point can it be seen that an offer been made, so there can be no acceptance. In line with the discussion with Mary, the offer of Rose was made and communicated to Mary, however, the problem lies in the fact that even though there Mary responded and accepted the offer, it was never communicated to Rose and so in line with authorities on instantaneous communication it can be concluded that acceptance did not take place and so no action can be brought about by Rose. As far as Matthew is concerned, the problem lies in the fact that it was conditional on the fact that Matthew would receive payment and therefore a conditional offer, or in other words it was not a conclusive offer which could be accepted. Applying the approach of courts in respect of silence and that it would not constitute to be acceptance; the actions of John cannot in any way create a binding contract. Furthermore, there has been no actions or conduct which show acceptance, on the contrary Mary destroyed the cheque which shows her intention of not being bound. The next issue is in respect of consideration, which is that it must generally be given after promise so as to make it enforceable. Thus a promise made after alleged consideration is complete is unenforceable (Re Mcardle)6. Thus past consideration is generally held not to be good consideration. However, the courts in Pao On v. Lau Yiu Long whereby Lord Scarman laid down the three condition which were to be satisfied if the exceptions were to be relied upon, the first being that the act which was done ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Business Law Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
Retrieved from
(Business Law Essay Example | Topics and Well Written Essays - 1250 Words)
“Business Law Essay Example | Topics and Well Written Essays - 1250 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Business law

...? Business Law Task This paper seeks to find out about business law. It establishes a case in South Carolina and then explores it with regard to business law. It then looks into the various types of courts available, then lists, and explains different types of substitute dispute ruling mechanisms. Business Law, also known as Commercial Law, presides over dealings between business entities such as business formation, ranging from lawsuits to contracts. Also incorporated are unifications, acquisitions, and commercial leasing. The law mainly...
4 Pages(1000 words)Term Paper

Business Law

...? Business Law The English legal system Laws and human rights are inseparable in the process to underpin society and the relationship with the citizens. The English law entails all the operations of civil and criminal justice systems. However, the paper focuses on the English legal system bearing in mind that any system of justice cannot be interpreted in isolation. Guideline in to the European law system focuses on recognition through achieving awareness of the political, social, legal, religion, economic and constitutional systems, which influences the lives of everybody within the jurisdiction covered by the stipulated laws. When dealing with a legal system the first thing to remember is the rule of law; classical perception... and...
3 Pages(750 words)Essay

Business law

...? BUSINESS LAW QUESTION ONE Identify the principle or issue of law The principle or issue of law is that for a valid contract to be formed, the parties must agree to be legally bound by the law. Explain the rule(s) of law relevant to the principle/area/issue of law identified in step one with reference to authority The three main requirements for a legally enforceable contract to be formed include agreement, consideration and intention. The main element that requires discussion here is whether there was any intention of the parties to enter in to legally binding agreement and contract. An agreement becomes legally binding and enforceable if the parties involved in the case intend to be legally bound at the time they are making... to be...
7 Pages(1750 words)Essay

Business Law

...? Section A a) The passenger being a consumer is covered under Consumer Protection Act 1987, UK, Road Traffic Act, 1988, UK and Insurance Act ( The transport company is a service provider who is bound by the rules and regulations stipulated by the authorities and the law of the land. A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence. The section F12 of Road Traffic Act (1988) defines Dangerous driving as ‘A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence’ ( F12A (Meaning of dangerous driving) further states ‘For the purposes of sections 1 and...
11 Pages(2750 words)Essay

Business law

...?Business Law The issue in respect of this question requires an analysis of invitation to treat, unilateral offer, offer, acceptance, rejection and past consideration. Each of these elements would be discussed and an evaluation in line with the facts would be made. An offer has been defined as an expression of willingness by one party known as the offeror, to contract or be bound on stated terms, provided that such terms are accepted by the party to whom the offer is made that is the offeree. The courts have distinguished between an offer and an invitation to treat, this is because the latter is merely an expression of willingness by one party to enter into negotiations and so is not unconditional and there is a lack of intention... not be...
5 Pages(1250 words)Essay

Business Law

...of the of the Concerned 15 April Donoghue v Stevenson Introduction Donoghue v Stevenson [1932] AC 562 qualifies to be called one of the most important cases in the Tort law in the sense it ushered in the very concept of negligence in the Scots Law, English Law and the Law of Wales (Negligence, 2009). Earlier also in the English law there existed the concept of duty of care as per which an individual could claim damages from a guilty party provided that the party under consideration had caused a damaged to the claimant by performing an act that constituted a breach of that duty of care. However in the cases before Donoghue v Stevenson, this duty of care...
3 Pages(750 words)Essay


...? Number] [Word Count] Liability of the Professionals, Negligence and Care of Duty This paper aims to critically understand the tort of negligence and the cases which have made a mark in the field of law. There were a number of amendments which were made in understanding the tort of negligence when expected from professionals for causing damages to the claimants. Also, the paper discusses various dimensions of the subject matter in an in-depth manner with careful usage of case laws. The common law or the Australian law have clear writing regarding negligence or lack of care of duty to which the professionals are liable to. In case an individual is claimed with the tort of...
4 Pages(1000 words)Essay

The Impact of Misrepresentation, Mistake, Duress and Undue Influence on the Validity of a Contract and a Principle of Separate Corporate Personality

...? a) The impact of misrepresentation, mistake, duress and undue influence on the validity of a contract. A contract is an agreement with a specific set of terms and requirements usually called clauses. A contract takes place between two or more persons, entities, often referred to as parties. A contract involves a promise to carry out a task in return for a valuable benefit or advantage to either of the two parties. A contract is the very basic and the most essential part of a business deal. It is amongst one of the most important areas of legal concern and can involve variations on the conditions. It may further bring about complex situations. There must be certain elements present in a valid contract which are: 1. An...
9 Pages(2250 words)Assignment

Business Law

...? Business Law Question One Bob is not bound to pay $100 to Ted. This is because; there is no contract that exists between Bob and Ted. The element of offer indeed exists in the contract since; Bob has made the offer to Ted (Burton, 2009). However, the element of acceptance does not exist since; Ted did not portray an implication of acceptance of the offer. On the other hand, both parties had the capacity to contract since, both were adults, and none of the two was drunk. In addition, neither of the parties was insane or incapacitated. However, under the intention to contract, neither of the parties had the intention to contract because Bob only offered a gift to Ted as a form of gratitude for helping him. Therefore, since... of...
3 Pages(750 words)Essay

Business Law

...BUSINESS LAW Before the Uniform Commercial (UCC), and the Uniform Computer Information Transactions Act (UCITA), what was one of the first, andmost significant, of the U.S. governments attempts to promote uniformity in commercial laws from state to state? Historically, commercial laws have taken on new faces for centuries. However, the onset of the strengths of the U.S. Congress allows states to regulate commerce law. One of the first and most effective attempts at commerce regulation can be dated back to the Constitutional Convention described under specific origins in a proposal offered by Madison and John Tyler in the Virginia assembly that the...
2 Pages(500 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 Law for FREE!

Contact Us