Offer and acceptance essay

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law of contract-offer and acceptance - University Law - Marked by

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    This personalized library allows you to get faster access to the necessary documents. You no longer need to spend hours to locate the sample you need. Finding a sample from a list of thousands is nothing less than spotting a needle in a haystack. Personalizing your own library relieves you from that stress. Received my assignment before my deadline request, paper was well written. Most business transactions involve commitments to furnish goods, services, or real property; these commitments are usually in the form of contracts. Use of the contract in business affairs ensures, to some extent, the performance of an agreement, for a party that breaks a contract may be sued in court for the damages caused by the breach.

    Sometimes, however, a party that breaks. There were problems with this contract from the beginning because the specifics of the contract were ambiguous from the start. The companies involved developed a contractual relationship by evidence of an offer, acceptance of the offer and valid and legal consideration, which in this case is money for services rendered. There are many landmark cases that have shaped the landscape of American laws. The Sherwood v. Walker case is one of the significant cases that helped to shape the evolution of American contract law. The case concerns a dispute that resulted over the barren nature of a Cow.

    Here are the facts of the case: The case was set in Michigan during the 80s and it involved Theodore Sherwood Plaintiff , a farmer and banker and Hiram Walker defendant. We will analyze the situation to see what laws are applicable and advise Neil. In this case, we have three different people: Firstly an offeror, a person who makes an offer in this case, Neil and two offerees, the person to whom an offer is made in this case, Theresa and Alex.

    She has until Neil is entitled to revoke the offer at any time before acceptance [Payne v Cave ].

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    In this case, Neil has not made any acceptance with Theresa yet, so he is able to withdraw the offer whenever he wants. Suppose that Tony is determined to take Court action and is looking for cases to support his arguments. As part of your answer you should discuss what parts of the case are important and what parts are not. With regard to your contesting the outcome of the Tennis Club to accept you as a member.

    Bearing in mind that you sent your letter well within the deadline date for which membership would be considered; only to be refused on the basis that your application arrived late due to a postal strike, there may be a case for us to adopt the approach of the Postal Acceptance Rule. This is an exception in law to the principal that the offeree In this case yourself communicates your acceptance to the Offeror.

    The Country Tennis Club. In this instance acceptance is granted when the letter stating acceptance is actually posted and. The most famous case for determining this law was by way of Adams vs Lindsell in Lindsell the defendant wrote to Adams the plaintiff to make him an offer of some wool and asked for an agreement for this sale to be issued by return of post which Adams provided. Thus Linssell automatically assumed that his offer had been rejected having waited so long for a response. He consequently decided to sell the wool on to another buyer. The problem arose as this exchange took place after Adams had already replied to say that he would indeed buy the wool and he was expecting to receive it.

    Essay on Communication of Offer, Acceptance and Revocation

    The court in this case ruled in favour of Adams and it was deemed that the date of agreement was made from when he posted the letter back requesting the wool and not when it arrived, which was in this case too late. This has a striking resemblance to your own situation. The court imagined that this would elevate the issues concerned when each individual is waiting for a receipt of confirmation, which can hinder business. The law has been criticized for having ulterior motives that were connected with publicizing the post office in the nineteenth century, although it does seem feasible that it was a law passed to aid the practicalities of business efficiency.

    But it does place the offeror in a vulnerable situation as they are often bound by contract without even being aware of it. This is not a completely straightforward law as it does only apply to acceptances and no other type of communication and only where it is reasonable that this acceptance needs to be made by post.

    This makes a good case for you against the club as you were responding to their requests. Saying that this particular rule can always be displaced by the offeror if they request that the offer takes a specific form, for example a speedy reply or a deadline, which means it cannot take effect on arrival as the deadline has passed. Which makes your case unfounded. However what is stipulated in this law as reiterated in the case of Henthorn v Fraser. In other words it is very conceivable that the Tennis club will be liable by way of neglecting to take into consideration the potential disruption or inevitable delays that might arise through the postal system or any extenuating circumstances whereby the application might be received slightly later than anticipated.

    Because the Tennis Club failed to put in place these obvious influencing factors they should by law be obliged to provide you with the membership that you applied for within the designated time given. Assuming Mary refuses to pay, can the club enforce this provision of its constitution against her? Why or why not? She has not officially accepted membership therefore she is not liable to carry out the actions requested.