Case study

2503 Words Jan 1st, 2009 11 Pages

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Family Name


Given Names

Xiao Rong

Program/Intake & your program manager

Business Law/ 9/ Ms Karen Yap

Student No.



Business Law


Mr. David Chang

Assignment No.


Assignment Due Date

18th November 2008
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If otherwise, a party could find himself bound to the terms of a contract of which he was entirely unaware. However, there is a case for making an exception in the case of a unilateral contract, at least when performance of the act cannot subject the performing party to any disadvantage.

Gibbons v Proctor [1891] is an English Contract Law case that deals with an offer, via advertisement, and whether or not a person who does not know of the offer can accept the offer if they complete the terms of the offer. The case has also been cited as authority for the proposition that acceptance in ignorance of an offer is effective: that a person who gives information for which a reward has been offered can claim it even though at the time of giving it he had no knowledge of the offer of reward.

Nevertheless, this offer from A is a sort of bilateral contract, in which A is promising to pay B $12,000 for another promise from B for his car. As the letter of offer from A was in the hands on C and it did not reached B as intended; therefore there is no actual communication and the offer is scarcely considered valid. Common sense tells us that if B had not received the offer from A, there is no way B would learn of A's offer and let alone to reply to it. An offer made through the post will not be effective until it is received and read by the offeree.

In conclusion, my thesis

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