Nobody downloaded yet

Principle on offer and acceptance in law: the Case of Celia - Essay Example

Comments (0) Cite this document
Summary
Instructor Date Principle on offer and acceptance in law: The Case of Celia The principle of offer and acceptance is used in business law to enforce a contract. A contract is a word of mouth or written down document the promising to satisfy a certain condition or act…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91% of users find it useful
Principle on offer and acceptance in law: the Case of Celia
Read TextPreview

Extract of sample "Principle on offer and acceptance in law: the Case of Celia"

Download file to see previous pages An offer gives details of terms and conditions to which an offeror should conform to. In a contract, when an offer gets accepted, an agreement is reached and made. Mere invitations to treat are advertisements in the newspapers, sign boards and posters that do not qualify for the term offer. Mere invitations to treat just show that a person is determined to enter into bargain for the product but have not been bound by the terms and conditions of the offer. Taking a look at Gibson versus Manchester City Council in 1979, where a county council tenant had received a letter from the council stating that the council might sell to him a house at a price of two thousand and one hundred and eight pounds. When the Mr. Gibson applied to purchase the house at the said price the house had already been sold. The plaintiff decided to sue the defendant. The court held that the statement that the council might sell the house to Mr. Gibson was a mere treat invitation to treat. The ruling judge concluded that there was no contract between the two parties. Circulars and catalogues are just advertisements that only constitute simple invitations to offer. Where a person places an advertisement in the newspaper or in posters they are saying that they are willing to transact with any person in the market. . A boost or show off cannot be termed as an offer. in an offer, there lies a thin line between a promise and a boast or plain puff as seen in the case of Carlill versus Carbolic Ball company of 1893,the ruling judge held that the advertising Carbolic Ball company had a responsibility in fulfilling the promise it had placed to the public.iii The Carbolic Ball Company had made an advert that any person who took their smoke balls and still continued to experience influenza would be paid one hundred pounds. The plaintiff took the smoke balls but continued to experience influenza thereby he sued the defendant. Where a person declares his /her intention to buy or purchase a product cannot be treated as an offer. In a situation where a person discloses information about the price of a product upon request is not an offer. For an offer to be valid, the parties must communicate about the offer as well as the duration for the offer. The offeree cannot accept an offer he/she is not aware of. In the case of Taylor versus Laird in 1856, it shows that a person cannot be bound to an offer he/she does not know. In this case, Taylor the captain of a ship had communicated his resignation from command but he later shipped the good home. The defendant refused to pay for the shipment because they never thought that the captain would ship the goods. The court held that the defendants were not liable to any payments to the captain because the captain had not rejected or accepted the offer to ship the goods. The duration that the offer is going to last should be clearly stated because the offer can be revoked at anytime before acceptance ,the offer may lapse , one of the parties may die and an offer can be subject to circumstance that are not presented in the offer. Accepting the offer will make the offer legal and valid. If an offer is made to a group of people and only one of the group members is liable to acceptance once the individual accepts the offer it becomes valid. The offer duration must be in place for an acceptance to be made. The acceptance should be unqualified acceptance and absolute to the offer. Some acceptances are ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Principle on offer and acceptance in law: the Case of Celia Essay”, n.d.)
Retrieved de https://studentshare.org/law/1392302-business-law
(Principle on Offer and Acceptance in Law: The Case of Celia Essay)
https://studentshare.org/law/1392302-business-law.
“Principle on Offer and Acceptance in Law: The Case of Celia Essay”, n.d. https://studentshare.org/law/1392302-business-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Principle on offer and acceptance in law: the Case of Celia

Celia Cruz

...Celia’s musical talent, telling her that she could make a greatly salary as a musician than a teacher makes in a month. Prior to Celia’s career as her fans know it, Celia was singing in Havana’s radio station broadcast, which featured numerous contests. Celia won the majority of the contests, receiving cakes as prizes and offers to participate in future contests. Though she made many recordings for radio stations, Celia’s first major recordings were made in Venezuela in 1948. It was in 1950, when Celia was thirty-four, when she made the greatest breakthrough in a career. After the lead singer of the famous Cuban...
2 Pages(500 words)Article

Offer and acceptance in english contract law

...? OFFER AND ACCEPTANCE IN ENGLISH CONTRACT LAW 18 March OFFER AND ACCEPTANCE IN ENGLISH CONTRACT LAW Introduction Contracts are agreements, between parties, that are enforceable in a court of law. A number of factors determine enforceability of agreements that qualifies a contractual agreement as valid, void, or voidable. Offer and acceptance, as components of an agreement, are some of the elements of a valid contract. A contract is therefore valid if, among other essential elements, all the rules that pertain to offer and acceptance are honoured. This...
10 Pages(2500 words)Essay

Law an Offer and Acceptance

...to pay the price of 100 pounds. There are cases in which an offer may be confused with an invitation to treat. An invitation to treat is not an offer, but an invitation of a negotiation of terms of a contract. This was illustrated in the case of Harley v Facey where the owner of some property had indicated that he was willing to sell his property at a certain rate. The person to whom this was directed took it as an offer and moved to court to enforce the said offer. It was held that it was an invitation to treat thus, made with the intention of receiving offers. There are four kinds of invitation to treat in common...
6 Pages(1500 words)Essay

Offer and acceptance

...relating to the terms of the offer and make a judgment to accept or not (Emerson, 2004). Once the offerer has made the acceptance, the contract becomes legally binding. This states that any breach of the terms from the either parties can be determined in the court of law for compensation. Offer can be made orally, faxed, emailed, or written and sometimes the offeror may insist on specific means of communication to be used by the offeror when making return communication. This must be adhered to and in the case of non-compliance and the offeree uses another means, contract is said not to have occurred (Emerson, 2004)....
8 Pages(2000 words)Essay

Law. Offer and Acceptance

...? Law Case Introduction This case is about offer and acceptance. A contract exists when an offer is made by one part and accepted by the other; offer and acceptance makes a contract legally binding. Once the parties have gone through an offer and acceptance under the rules applied, the parties are obliged to fulfill their promises. When the party accepts the offer it is generally assumed that all negotiations have been done and the part unconditionally accepts the offer. Hence, there is...
5 Pages(1250 words)Essay

Offer & Acceptance

...Topic: Offer & Acceptance English: UK Your Elements of the law of contract August 19, 2008 Answer: This question raises some issues from offer and acceptance. In order to The Aylesbury Borough Council (ABC) it is necessary to consider five things. First, an offer has been made or invitation to treat, secondly, if an offer has been made, the offeree has unequivocally accepted this offer. Thirdly, the acceptance been communicated effectively though it is a reward case. Fourthly, whether the acceptance is deemed to have been effective or not...
7 Pages(1750 words)Article

Contract Law on Offer and Acceptance

...Contract Law on Offer and Acceptance The case presented here involves validity of offer and acceptance by the parties involved. Brenda only made an invitation to treat by posting an advertisement on her website. Hence hers was not a valid offer capable of being accepted. Andrew's reply to the advertisement of Brenda in effect was an offer to be accepted by Brenda. Brenda's blunder in offering at an unimaginable price of 50 instead of 500 could be successfully avoided because hers happended to be an invitation to treat. Andrew's belated...
10 Pages(2500 words)Case Study

Acceptance Under Contract Law

...Contract law July 5, 2005. Consideration, Offer and Acceptance under Contract law. Introduction: Roger refuses to pay Magda Contractors the extra amount of 5000 pounds that he orally agreed to pay in return for completion of the renovation of his house on time. He also refuses to pay his friend Mohammed a sum of 200 pounds that he promised to pay for decorating his front bedroom. However, Roger has sold some articles for 1000 pounds to Nature magazine, but orally agreed to accept 900 pounds instead, because he was desperate for money. Roger now seeks legal advice on the following: (a) Is he obliged to pay Magda Contractors and...
7 Pages(1750 words)Essay

Offer and acceptance

... an invitation to treat. Similarly, in Partridge v Crittenden, 2 the High Court ruled that there was no violation of the law prohibiting the offering to sell wild birds except those bred in captivity and of the closed-ring specimen despite the advertisement to that effect because it was merely an offer to treat and not a legitimate offer of sale. There are of course, exceptions to this rule as those indicated in such cases as Carlill v Carbolic Smoke Ball Co, 3 where the inclusion of the £1,000 deposit was taken to mean as proof of the serious intent of the advertiser, and Williams v Carwardine, 4 where the advertisement offering reward to any informant in a murder case was held as a general contract with anyone who could provide... to the...
2 Pages(500 words)Essay

Celia Cruz

...Yunia Gonzalez-Rubio Dr.Mitchell MUL 2380 November 14, Celia Cruz Celia Cruz, a popular salsa dancer who earned twenty-three gold albums, was born in October 21, 1925, in the city of Havana. She received an award of the National Medal of Arts. Cruz was a Cuban singer who was celebrated internationally for many years as the Queen of Salsa Music. During her performances, she thrilled her audience with her soulful voice and rhythmically compelling style on stage. Cruz grew up in the district of Havana, in an extended family of fourteen. Together with her father Simon who worked as a railway stroker, Cruz resided in Havana. She also lived together with her mother in the city of Havana. During her schooling,...
4 Pages(1000 words)Research Paper
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 Principle on offer and acceptance in law: the Case of Celia for FREE!

Contact Us