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The Law of Contract - Coursework Example

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From the paper "The Law of Contract" it is clear that Pricelash cannot be expected to ensure that every party that has seen the original offer is informed about the modification to the original offer. Therefore it would be up to Beryl to read the paper and acquaint herself with the terms…
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The Law of Contract
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Download file to see previous pages In the case of Chapleton v Barry (UDC)*3, deck chairs had been advertised for a particular price and that was construed to constitute an offer. When a specific reward is offered for the performance of some deed, then it could be deemed to be a legitimate offer. For example in the case of Carlill v Carbolic Smoke Ball Co (1893), a specific reward was offered for certain performance and therefore this was deemed to be an offer under contract. In Beryl’s case, Pricelash has offered a reward for a particular performance and its intention to enter into legal relations is made clear by the fact that it expects to receive some benefit out of the offer that it has made.
In order for a contract to exist, there must also be an acceptance of the offer that has been made. When a particular offer requires the offeree to indicate acceptance of the offer through a particular action or deed, and if an offeree executes the action required, he/she would be deemed to have accepted the contract. The exchange between two parties is based upon the principle of “consideration” which Stone defines as “what one party to an agreement is giving, or promising in exchange for what is being given or promised from the other side.”*9 Without a definite sign of acceptance, contracts cannot be valid; “silence cannot be regarded as evidence of acceptance when this would involve forcing a contract upon an unwilling party.”*10
In Beryl’s case, Pricelash which is one party is promising to give J50 in exchange for Beryl’s being among the first three customers at the store. The terms of the original offer do not state that beryl is obliged to purchase anything from the store in order to receive her J50, rather it merely states that the first three customers will receive J50 and Beryl was one of the first three customers, therefore by fulfilling the required actions, Beryl has indicated her acceptance of the contract. ...Download file to see next pagesRead More
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