Offer and Acceptance. Intension to Create Legal Relations - Essay Example

Comments (0) Cite this document
Summary
Common Law Part 1 Question 1: Offer and Acceptance The offer and acceptance typically take place during the negotiations for a contract. The courts analyse the offer and acceptance to determine whether or not the parties indeed negotiated and concluded a legally binding contract.1 The exchange of offer and acceptance between Tom and Belinda depend on whether or not the offer and acceptance formed a legally binding agreement…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.7% of users find it useful
Offer and Acceptance. Intension to Create Legal Relations
Read TextPreview

Extract of sample "Offer and Acceptance. Intension to Create Legal Relations"

Download file to see previous pages A survey was conducted and thus it objectively appears that the offer was genuine and that Belinda believed that the offer was genuine. The offer and acceptance also appear to meet the requirement that a valid acceptance must mirror the terms of the offer.3 On the facts of the case for discussion, Belinda accepted Tom’s offer as they were presented to her. Therefore it can be argued that a valid offer and acceptance was made. The question is therefore whether or not Belinda was free to withdraw her acceptance. Only if the acceptance was subject to the condition that Belinda receives a satisfactory survey would allow her to withdraw her acceptance. However the condition must be clearly stated as a prerequisite for acceptance.4 Based on the facts of the case for discussion, the offer and acceptance were both unconditional. Given that the offer and acceptance were both made pursuant to the common law rules for valid offer and acceptance, Belinda has entered into legally binding contract with Tom. ...
There is a presumption however, that agreements between social and family groups are not generally binding contracts.6 In Balfour v Balfour, it was held however, that where there are arrangements and agreements between close members of a social or family group, the presumption that there is no intention to create legal relations is a rebuttable presumption.7 The presumption can be rebutted by evidence to the contrary.8 The loan syndicate between Matt, Mark, Luke and Jon is arguably an arrangement between a close social group as they are colleagues and the arrangement has nothing to do with their work. The presumption that as a social group there is no intention to create legal relations can be rebutted if it can be shown that by joining the syndicate and trusting the ticket purchases and collection of winnings to another member of the syndicate, the parties were putting themselves at a disadvantage. The disadvantage arises because, they could have purchased the winning lottery ticket themselves and collected their own winnings. It was held in Parker v Clark that the presumption can be rebutted where a party to the agreement is disadvantaged by the agreement.9 A similar arrangement occurred in Simpkins v Pays. In this case, a woman together with her granddaughter and tenant agreed to enter a competition as one entrant under the woman’s name and that any winnings would be shared between them. However, when the woman collected the winnings she decided against paying the tenant a share of the receipts. It was held that when the parties shared the competition fee there was an intention to create legal relations and thus there was a legally binding contract.10 It ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Offer and Acceptance. Intension to Create Legal Relations Essay”, n.d.)
Retrieved from https://studentshare.org/law/1403835-combined-assignment-part-one-and-two
(Offer and Acceptance. Intension to Create Legal Relations Essay)
https://studentshare.org/law/1403835-combined-assignment-part-one-and-two.
“Offer and Acceptance. Intension to Create Legal Relations Essay”, n.d. https://studentshare.org/law/1403835-combined-assignment-part-one-and-two.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Offer and Acceptance. Intension to Create Legal Relations

Consideration and Intention to Create Legal Relation

...? Consideration and intention to create legal relation of Consideration and Intention to create Legal Relation First issue Bubba v Greenwich Bank In advising Bubba on his legal position, we need to consider a number of issues. First, the proposal by the Greenwich Bank to Bubba constituted an agreement between the two parties. By failing to pay the monthly installments as agreed with the bank, this signifies Bubba’s acceptance of the bank’s offer and hence signifying existence of an agreement. This is a case of acceptance by conduct. Acceptance need not...
8 Pages(2000 words)Essay

Offer and acceptance in english contract law

...and acceptance Agreement is one of the fundamental elements of a valid contract. It depicts the coming to terms of the parties to the contract through consensus over terms of a contract. Agreement is a product of existence of offer and acceptance. An offer is a promise made by one party to another in which the promisor intends to be bound by terms of his promise. Some of the elements of an offer include the intention to be bound by the offer if it is accepted, and existence of terms that creates rights and liabilities in the event of acceptance. Acceptance on the other...
10 Pages(2500 words)Essay

Law an Offer and Acceptance

...? Law on Offer and Acceptance Offer and Acceptance A contract is a legally binding agreement made between two or more parties; be it natural persons or a corporate body, which is enforceable in a court of law. The existence of a contract requires at the most basic level is the presence of an offer and an acceptance. The main rule that governs contract law in common law jurisdictions that the offer is revocable until acceptance has occurred. Once acceptance has occurred a valid contract exists, and the offeror must fulfill the legitimate expectations...
6 Pages(1500 words)Essay

Offer and acceptance

...? Offer and Acceptance fer and Acceptance The Process of Making a Contract A contract is said to take place when two parties voluntarily agrees to create a legal obligation in the form of writing or just orally concluded. When two parties signs a contract, they are obliged both morally and lawfully to keep the agreement which is due for compensation in case one side of the agreement fails to honor the agreement as stipulated in the agreement. In that regard, a contract can be defined as a promise or an undertaking that is legally enforceable depending on the agreement of the contact whether something will take place or not (Elliott, and...
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 no halfway through, either there is...
5 Pages(1250 words)Essay

Admission Acceptance

...and the fast paced, evolving technology surrounding them has been my passion for years, and I will become an integral part of this cutting edge technology. Acceptance into the University of Texas at Dallas Computer Science Program will bring me one step closer to that. This school has a state of the art program and I want to become a part of it, first through completion of my Bachelors degree and then through obtaining my Masters. What I initially saw and introduced to you as perhaps my greatest hardship is also one of my strengths. I will bring to the university my experience of the last several years, but also the richness of my diverse background. Having lived the majority of my life in India I have the...
2 Pages(500 words)Essay

Offer & Acceptance

...offer. It also held that advertisement was not an invitation to treat but was an offer to the whole world and that a contract was made with those persons who performed the condition 'on the faith of the advertisement'. In Bowerman v ABTA5 it is likely that a court would find that the advertisement was an offer. So it can be assumed that ABC made a valid offer. Now it needs to consider whether the offer has been accepted or not by Fast Fred, Swift Sally and Heavy Harry. McKendrick E. (2007) defines acceptance that an acceptance is an unqualified expression of assent to the terms proposed by the...
7 Pages(1750 words)Article

Legal Studies and Industrial Relations

...of, the rationale behind the change. On the other hand, hospitality industry stakeholders are concerned that the legislative change may drive business away from the hotels and more importantly, the small pubs. In other words, there is concern over the economic effect of the legislative change. As evidenced in the preceding, the legislature under question here is liquor laws. This is the major legal issue here. The secondary legal issue relates to policies regarding economic compensation for small pub owners as a consequence of the said legislative reform. AAP (2007, 6 Nov.) Property Council backs small bar change. Sydney Morning Herald. Current liquor licensing legislature is a...
11 Pages(2750 words)Essay

Contract Law on Offer and Acceptance

...on the both the counts against Andrew. Introduction This case calls for an in-depth understanding of law on offer and acceptance relating to contract. A brief history of the case in chronological order is stated below. Events in chronological order Monday: Brenda's advertisement appeared on his website for sale of his car for 50 and Andrew offered through e mail to buy Tuesday Morning: Brenda replied by e mail that the price of 50 was a mistake instead of 500 and offered to Andrew the car at a discounted price of 450.and kept the offer open till 12.00 p.m on Friday. and Andrew replied that he would...
10 Pages(2500 words)Case Study

Offer and acceptance

...OFFER AND ACCEPTANCE Bert cannot hold Alf liable for selling the computer to Charles despite an agreement to keep the offer until Sunday because the agreement was unenforceable for lack of consideration. Advertisements, like display of products, do not usually constitute an offer, but is merely regarded as ‘invitation to treat.’ In Harris v Nickerson, 1 a person advertised in a newspaper that he will display for auction certain items for three days in a certain place. The plaintiff travelled to the specified place to make a bid, but the items were withdrawn on the third day of the auction dates. The High Court held that the advertisement did not constitute a legitimate...
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 Offer and Acceptance. Intension to Create Legal Relations for FREE!

Contact Us