Assignment Cover Sheet When submitting your assignment it must be accompanied by this Assignment Cover Sheet. Please make sure that you complete all of the details correctly. Provide ALL details requested on this form. Use one form for each assignment. Given name Hui Leen Surname Lau Student number 17620987 Email 7E3A1662@student.curtin.edu.my Unit name Business Law 100 Unit code 11011 Assignment title Assignment Two Date submitted 5 MAY 2014 Student‟s comment to tutor Mr. Ariffin is a good lecturer. He assists us when we have any problem. Marker’s comments Recorded mark Marker Comments Question 1: Using the four step process, discuss the element of agreement required for the formation of a legally binding contract …show more content…
In this case, Carbolic Smoke Ball Company has published an advertisement in London newspaper to promote the use of the Carbolic Smoke Ball to prevent influenza. In the advertisement, the company offered £ 100 to the people, who bought the smoke balls and used them according the instructions given, but still contracted influenza. Mrs Carlill purchased the smoke balls after she read the advertisement. She used them according the directions, but nevertheless caught influenza. She claimed for the £ 100 which promised by the company but they refused to pay her. The court had to decide whether an offer that made to the world at large is valid to accept by an individual who read the advertisement or not. The court judged that the offer made to the whole world at large is the acceptance of the offer by everyone who knew about it. Acceptance is an agreement on the terms of an offer. It must be made when the offer is still present. Terms of acceptance must be unanimous with the offer and cannot be conditional. It can only come from the person to whom the offer was made. Apart from that, acceptance must be communicated with the offeror and no certain form is necessary (Duperouzel 2014). According to the general rule of acceptance, the acceptance is effective immediately when received. Once the acceptance is communicated to the offeror, the acceptance is effective and the agreement is reached. The case of Entores Ltd v
1. The pressure announced on last night's television weather broadcast was 29.92. Explain how this was measured and give the units. Would this be considered an unusually large or low pressure value?
6. Many drug safety research studies are sponsored by pharmaceutical companies that would financially benefit if the results of the study are favorable. Is this an example of a potential confounding factor?
In October of 2013, the case alleges that the three individuals each contributed $3,000 to create a limited liability company called JailCigs. That company was created with the intent of selling
Most time, acceptance would be made in clear and loud matters, such as saying “Yes, I accept.” But silence would constitute acceptance of an offer where the common-law and statutory law allows. Supreme Court of Nebraska has confirmed in Joseph Heiting and Sons v. Jacks Bean Co that acceptance may be established by silence or inaction of an offeree and acceptance occurs when the buyer/offeree “does any act inconsistent with the seller/offeror’s ownership...” Neb. U.C.C. section 2-606(1)(c). In Joseph Heiting and Sons v. Jacks Bean Co, 463 N.W.2d 817, 236 Neb. 765 (Neb.,1990), Heiting (Plaintiff) offered to sell its beans at the posted price on September 30, 1987, but was never informed of acceptance or rejection of the offer. Heiting and Jacks
Willow Bend Hospital’s compliance does indeed have multiple deficiencies and is in need of review as many were updated in 2009 and 2010. All information on deficiencies would be found on the latest updated version of the Joint Commission Information Standards. This should be located within the Corporate Compliance/Risk Manager’s office. As this information is not currently available to this writer without a subscription and fee, I must use the information available to me. So expansion and explanation of policy details are limited.
Acceptance-This basically means that the terms of the offer have been clearly understood and agreed to through consent and assent and at no time will the terms be changed.
Acceptance. This basically means that the terms of the offer have been clearly understood and agreed to through consent
An acceptance of an offer is “ a manifestation of assent to the terms thereof made by the offeree in a manner invited or required by the offer.
1. Write a composition using one of the topics listed below. Your composition should be three to five paragraphs long. It should contain an introduction, a body, and a conclusion.
families’ freedoms, but Sandford refused. He then sued her on the grounds that he had
be described. Jurisdictional requirements for this case as well as the reasons why it was heard at
This is a clear expression of a party accepting agreement to the terms of the offer.
As stated in the Gould Commercial Code Section 2-207 subsection 1, “A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to
Capable of acceptance by the offeree, offeree is the person receiving the offer. A valid agreement must be constituted by Offer and Acceptance. For the responses to an offer, everyone can accept
The offer and acceptance model is flawed- only an agreement is necessary. In order to fully comprehend this statement, we must first establish what constitutes and offer and what constitutes acceptance. “An offer is a statement by one party of willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by the party to whom the offer is addressed”. Acceptance is “…an unqualified expression of ascent to the terms proposed by the offeror”. The “Offer and acceptance model” is based on the court’s adopt the “mirror image” rule of contractual formation. Applying the definitions stated above, we can take this to mean that there must be a clear and unequivocal offer which must be matched by an equally