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Case Brief - McGurn v Bell - Essay Example

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At that meeting, gave a condition that for him to take the employment offer by Bell, he should be issued with a contract in the written form inclusive a termination clause…
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Case Brief - McGurn v Bell
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"Case Brief - McGurn v Bell"

Download file to see previous pages ons, McGurn said that a termination clause covering his initial twenty four months of service was considerable which he says Bell did not object to this. Bell extended another offer which McGurn rejected owing to its termination clause. Finally, Bell extended an offer to McGurn which said that following termination of his employment, he was to be given his basic salary over 6 months plus a lump sum amounting to forty thousand dollars or fifty percent of incentive p.a. but this cover was to last for the initial 12months of his service. McGurn signed as required but crossed out the word ‘twelve” and inserted “eleven” and didn’t inform anyone at Bell of the alteration. Bell’s HRM department received and filed the letter though they denied having viewed it on return. After approximately 13 months, Mcgurn’s employment was terminated, he advised Bell officials that he believed that his contract had a 2year termination clause; they also noted the alteration in the offer letter but refused to pay hence McGurn sued for bleach of contract.
An exception to the rule that offerees who accept an offeror’s performance with the knowledge of offeror’s expectation in return for his performance have impliedly accepted the offeror’s terms. This happens where the offeree receives the advantages of the service offered with a reasonable opportunity to decline them plus grounds to recognize that they were accepted with the anticipation of recompense (Mallor, Barnes, Bowers and Langvardt, 2004). The court borrowed the procedure from two case i.e. Gateway C. v. Charlotte Theatres, Inc. and Kiddlerv Greenman.
The Bell’s silence amounted to acceptance of McGurn’s counteroffer. The Bell microproducts, Inc. should to revisit the offer it wrote and signed earlier after it has been countersigned and returned by McGurn.
For the first issue, the general rule of law holds that silence in reply to an offer aimed at forming a contract doesn’t add up to an acceptance of ...Download file to see next pagesRead More
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