Case Analysis : ' Bleu ' And Gras '

In order to advise Billy in whether he is entitled to the extra $20,000 and a share in the farm, the key facts and relevant issues must be examined to determine if the elements of a legally binding contract exists. Whether there was an agreement and intention to create legal relations between the two will be used to determine whether Choy has breached a contract between the two. If a contract is found to

I reviewed the case of Mr. Sam Superstar and Dr. Peters, in regards to possible proceedings and to which party would be at fault. I have found that in this case both parties could be found at fault in many different violations, both civil and criminal. Therefore there could be possible proceedings brought against both parties. It shows many aspects, of many, violations of laws. These violations range from simple breach of contract to theft of property. We will need to look into the violations more in depth. Following you will find a summary of my findings.

Remedies Paul and Priscilla may have include compensatory damages, nominal damages, punitive damages, liquidated damages, rescission and restitution, specific performance, or injunction. Some form of damages or rescission and restitution seem the most

A bilateral contract comes into existence at the moment promises are exchanged. True, “promise for a promise”

Question 4. 4. (TCO 4) Sandy mails a letter back to Andrea that she has signed; the letter makes reference to a car Andrea has for sale and Andrea’s desired price. When Andrea later delivers the car to Sandy, Sandy returns the car, claiming she does not want the car and that they did not have a contract, so she is not bound to keep the car. Andrea, however, claims they do have a contract and wants to enforce said contract for the price of the car. What standard would the court use to determine whether there is a contract between the parties for the sale of the car? (Points : 25)

Identify the facts from the scenario which support your decision on whether or not a contract exists for the purchase of the automobile.

No. An ad can be treated as an offer under certain circumstances for instance in the Lefkowitz v. Great Minneapolis Surplus Store, Inc. case. The store published a newspaper ad stating: that on Saturday 9 AM Sharp, three brand new fur coats, worth up to $1,000.00, first Come First Served $1 each. A customer named Morris Lefkowitz arrived at the store ready to pay. However, he was informed that under the defendant's house rules, the offer was open to women but not men. The court ruled for the plaintiff because he satisfied the terms of the advertisement. Therefore, the advertisement was explicit and left nothing open

Contracts can be defined through promises between parties that are enforceable through law. We know that both parties agreed verbally, an oral agreement was made to hold the car for one day with a hundred-dollar deposit and Stan agreed to the terms that the deposit was refundable. Contracts can be in in two form which are written or oral. Based on the elements of contracts, many fundamentals factors are considered mandatory to form a contract that is binding on parties and are primarily outlined through the following:

Lonergan v. Scolnick tells us that advertisements are simply “manifestations of willingness to enter into a bargain,” but are not meant to “justify another person in understanding that his assent to that bargain is invited and will conclude it,” as offers do (Restatement 2nd §24). Therefore, the advertisement is not considered to be an offer to sell the vehicle at the stated price. Under Common Law, ABC Motors would be able to refuse to sell the car at the mistaken price of $25,000. However, in New Jersey, advertisements for the sale of automobiles are governed by a statute, New Jersey Vehicle Code § 4251, stating, “A dealer of automobiles in this state may not decline or refuse to sell an automobile to any person at an advertised price while the vehicle remains unsold, unless the advertisement states the advertised total price is good for only a specified period of time and that time has elapsed.” As this statute would trump the common law practice of advertisements not being offers, ABC Motors’ advertisement is considered an offer that cannot be revoked while the vehicle remains unsold and the expiration of the offer has not lapsed.

Offer is the promise made by the offeror. Generally, advertisement is the invitation to treat. Invitation to treat is different to the offer, so the advertisement is not an offer. (Partridge v Crittenden［1968］ 1 WLR 1204)

Thus, there is not a contact. In addition, Lucy finds a second volunteer who offers a much lower price to her. The four elements of the contract needs to be established. 1.

A contract is an agreement that creates obligations that are enforceable by the law. A contract can either be written or spoken. There are elements to a contract that make it valid and binding. This is defined as a clear manifestation of willingness to enter an agreement made by another person with full understanding that their assent to the bargain is an invitation and is concluded. As to whether there was an offer in this case, yes there is an offer. When the salesman offered the buyers time for a test drive and they finally chose and agreed to buy the blue car it was a clear offer.

Contracts Exam Question (with sample answers) Question 1 H. Bigbus (B hereafter) operates a construction supply business in Harrisburg. B specializes in supplying difficult-to-locate plumbing and light fixtures for contractors who do remodeling work. B sent the following letter to five contractors in the Harrisburg region: OFFER TO THE TRADE We have cornered the market for a source of brass "Orient Express" wall hanging light fixtures. We know (and we're sure that you do, too) that these fixtures are in such great demand that they are nearly impossible to obtain. If you are willing to take all your needs from us, we'll guarantee delivery at $20.00 each. I. M. Sap (S hereafter), a contractor who remodeled about twenty houses per year,

An offer is when a party, also known as the offeror express willingness to contract on certain terms, with the intention that it will become binding as soon as it is accepted by another party, known as the offeree. According to D's description in his advertisement, he is putting up his car for sales at $40,000. It can be considered as an offer because D have expressed that he is willing to sell his car with the intention that it will become binding and therefore the terms are clear that the car will be sold at a fixed price. Besides being an offer, it can also be an invitation to treat (ITT). An invitation to treat is different from an offer because in ITT, one party will invite the other to make the offer. Therefore in this

According to general law principle, an offer must be clear on certain terms and must be communicated to the other party, a vague information the offeror given would be regarded as an invitation to treat and mere buff or boast. Obviously and generally, a normal advertisement locally would be an invitation to treat, which is not enforceable to be an offer such as case of Partridge v Crittenden(1968), but if there are some specific set of terms in order to create legal relations, an offer can be found. See example of Blackpool & Fylde Aero Flying Club Ltd v Blackpool Borough Council(1990).