Business Law

The mistake occurred. Mary McDonald entered into an agreement in such a way that the

10. Dan hires Eve to perform at Dan 's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dan files a suit gainst Eve. The court will most likley: award damages to Dan.

i. Virtually instantaneous  general rule should apply (ie. contract is formed when the offeree’s acceptance is received by the offeror; per Lord Wilberforce in Brinkibon)4;

40. Principle of Law: In this case, Esposito hired Excel Construction Company to repair a porch roof. All terms of the agreement were specified in a written contract. And the dispute occurred when Excel had repaired the rear porch roof because in the agreement failed to specify whether it was the front or rear porch that needed repair. Under civil law, two parties here had signed a civil contract in writing. Because the contract failed to specify clearly front or rear porch roof, Excel completed its obligation and didn’t break the contract.

2.  Chen, a retail seller of fruit, entered into a contract for the purchase of 10 bushels of peaches from Georgina, at a price of $5 per bushel. Delivery was to be in one month. One week after this contract was formed, unexpected cold weather destroyed most of the peach crop and prices doubled. Georgina asked Chen if he would agree to a price increase to $7 per bushel,

Signe offers to sell Thomas her textbook but conditions the sale on Thomas ac­cepting the offer by March 1. Signe may revoke the offer

Manifestation: Acceptance of an offer requires a communication of the acceptance to the offeror from the offeree so in order to satisfy the mutual assent requirement. Pete acceptance could be inferred through his statement No problem you can let me know sometime within the next two weeks.

Mercedes Connolly and her husband purchased airline tickets and a tour package for a tour to South Africa from Judy Samuelson, a travel agent doing business as International Tours of Manhattan. Samuelson sold tickets for a variety of airline companies and tour operators, including African Adventurers, which was the tour operator for the Connollys’ tour. Mercedes and injured her left ankle and foot. She sued Samuelson for damages. Is Samuelson liable?

A dealer sold a new car to Raymond Smith. The sales contract contained language expressly disclaiming liability for personal injuries caused as a result of defects in the car and limiting the remedy for breach of warranty to repair or replacement of the defective part. One month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car.

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.

There is a literal conflict between the state and the federal measures, so that it is impossible to follow both simultaneously.

Here, the offer was committed because the department store posted in the add in the newspaper that explicitly stated “first come first serve” and “out they go.” The department store also included that the sale was to be on Saturday, October 19th substantiating the adds commitment. The add specifically states stipulations for obtaining the goods and asserted their willingness to sell the both the necklace and the caps to who ever meets their requirments. When the department store published the add in the newspaper, the offer was committed because the department store conveyed their willingness to enter into a bargain. Under the terms that the store drafted, it conveyed that they were bound by contract.

The offer had been agreed upon from both parties is important. The acceptance of an offer cannot alter the terms of the specified in the offer. “An offeree accepts by saying or doing something that a reasonable person would understand to mean that he definitely wants to take the offer.” (Beatty, 2016) Once the buyers or offeree came to an

An offer is an expression of willingness by one party to contract on certain terms with another party with the understanding that the contract will become binding when accepted by the person to whom it is offered. An offer may be made in different ways, such as in a letter, an email, or even your behavior, so long as it conveys the basis on which the offering party is willing to contract. An offer should consist of: (1) a statement of present intent by the offering party to enter into a contract; (2) a specific proposal that is certain in its terms; and (3) a communication that identifies the person to whom the offer is made. If any of these elements are not present, an offer has not been made. (Walker, C. B., 2012)

Mrs. Turner has decided to start her own business running a private day nursery. It is