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Management Assignment(LAW) - Essay Example

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The earliest theory of contract was the classical contract or will theory, founded upon the individualistic basis of laissez faire, enabling individuals to enter into agreements of their own choice on their own terms.*1 Richard Baumann characterizes classical contract law as…
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Charles Fried stated that persons entering into a contract are morally bound to keep it.*4 Therefore, a contract is equivalent to a written promise to deliver a service or goods in exchange for some consideration and fairness in transactions is the goal sought to be achieved in contract law. Traditional notions of laissez faire have been eschewed in modern contract law. In interpreting contracts and determining their validity, the courts have demonstrated that it is not the meaning a person actually intended to convey but what a reasonable person would have construed it as, which is referred to as the process of “objective interpretation.

*5 In order that a contract be deemed valid, the parties to the contract must be clearly specified and the terms upon which the parties agree to conduct business must also be clearly laid out. In the case of Intel’s suppliers, the contract would therefore exist between Intel and the suppliers, since the engineers are in effect, acting on behalf of Intel and not as independent agents. This would however qualify as a bilateral contract since it involves the two parties: Intel via its engineers and the suppliers.

In purchasing their supplies, the engineers functioning as Intel’s agents will be deemed to have made an offer for purchase of goods*6, which will not however be enforceable unless the suppliers have agreed and indicated their agreement through a written contract. An offer which is not communicated to the offerree will be deemed to be invalid or ineffective.*7 Therefore, assuming that Intel’s engineers have communicated their offer to the suppliers and there is a counter proposal made by the supplier in regard to the purchase price of the goods, this will be deemed to negate the original offer.

*8 It is then up to the offerer to either agree with the counter proposal and indicate

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