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An acceptance, therefore, is the act of the offeree of agreeing and approving the offer as it is. An offer may be responded to in 5 ways: (a) acceptance; (b) explicit rejection; (c) counter-offer, in which the offeree quotes, for example, a lower price; (d) a statement of neutrality (e.g. ‘I don’t know’ or ‘I’ll think about it’), and; (e) not answering at all (Schane 142).
In the problem, at hand, Wally makes two kinds of response: (a) a statement of neutrality, viz. he will be asking his parents about it, which implied no effect on the offer, and; (b) a counter-offer to Eddie by agreeing to buy the computer at a lower price, i.e., $1000. There was no acceptance at this point but neither was there an explicit rejection. On the other hand, there is a counter-offer which needs an acceptance from Eddie. The legal effect of this letter is that even though a counter-offer is made, the original offer is left hanging, and not explicitly rejected, conditioned on the acquiescence of Wally’s offer.
Assuming that there was still a valid offer by Eddie standing on July 19th, there is no binding contract between Eddie and Wally after Wally had accepted the offer through a fax on July 19 because the acceptance only validly took effect at the time it was received by Eddie which was on July 21, a day after the lapse of the period the offer is to take effect. The implication is that the revocation took effect before the acceptance, making the revocation valid. This is because under the rule of acceptance, the mailbox rule, which makes an acceptance effective the moment the offeree sends his/her acceptance, does not apply to instantaneous acceptance like fax (Miller & Jentz 181-182). An acceptance by fax, therefore, takes effect only, like all other instantaneous communication, after actual receipt of the acceptance by the offeror.
Similarly, a revocation, on the other hand, takes effect only at
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This is because there are two ways of presenting them. They can be presented by filling the outline or by writing them into sentences. I have however done both so that you choose the one your lecturer would be pleased with. The second type of assessment is however at the end of main essay.
Snodgrass Builders claim that the delay in delivery was caused by the bad winter weather hindering them from finishing the bungalows in due time. Snodgrass can put up the defense of force majeure.
"Force majeure clauses seeks to excuse performance of parties where some intervening event which is outside the control of the contracting parties takes place.
In the interim, the market value of the cargo of sugar, which the respondents intended to sell at Basrah, had fallen. The respondents sought to recover the difference between the amount that would have been realised had there been no delay and the amount realised in fact.2 On appeal to the House of Lords, the Law Lords had to decide how damages should be measured.3 In contract law, the principle of remoteness determines the assessment of damages as the courts see a need to put some limitation upon the damage for which the party in breach is liable.4 In essence, defendants will not be liable for losses, which result from a breach of contract if they are too remote.5 The issue of remoten
However, she may not be able to demand specific performance solely on the basis of the option, because the agreement remains incomplete - while other terms have been mutually agreed to between the parties, the new rental price remains to be fixed. On this basis, final agreement has not yet been reached between the parties (per Clause 4f).
George, Utah for a greater chance for its enforceability.
Secondly, under the law of contracts, the elements of an enforceable contract are the following: offer, price, consideration, and acceptance. The offer must be accepted in its full terms in order for the contract to be binding.
For this case, there was a contract that was made between Igor and Jonquil since there was an offer that was made through advertisement by Igor that was accepted by Jonquil through the post. 1
Persons or to the world at large, but it cannot form the basis of a contract until it has been accepted by ascertained person or group of persons.
Rupert has completed the work to the full satisfaction of Herbert and he has evidently accepted the fact too. But he paid Rupert only 25% less of the cost of the listed items as interim payments instead of 10% less.
There arises a breach of contract on the part of Herbert since he did not pay as he had agreed to at the beginning of the contract.
Rule: There is a precedent from a case in which the verdict was overturned in a case for a man in a similar situation. In the case Snyder v. Louisiana, No. 06-10119, “The Supreme Court, rul[ed] that a Louisiana prosecutor had
The fact that no trauma was identified in the victim’s vagina means rape is out of question but the forensic science could be used to affirm that.
Forensic science in this scenario will require the samples of blood on the body’s left arm and