Commercial Law: Case Briefing

1129 Words Jun 23rd, 2018 5 Pages
Question 1
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
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Question 2(A)
In this case, it involves the captain and the seamen regarding the wages of the two detained seamen who was caught for drug possession and hence having to face the trial in Vietnam. The captain stated that if the seamen was able to bring the ship to it's destination, the wages of the two detained semen will be split equally among them. Since two seamen was no longer on board, it means that the other seamen will have to cover up for the two seamen which results in more workload. It will affect them physically as more workloads will make them more exhausted and tired and I assume that is the reason why the captain made such a promise without thinking so much. After hearing the words of the captain, the remaining seamen felt that it was a good deal and therefore set sail for their destination. When they arrived at their destination, the captain went back on his words and didn't keep his promise of spliting the wages with the remaining crews. A then wants to enforce the promise made but I personally think that it is impossible. In the case Stilk v Myrick (1809), it was quite similar because in that case, two seamen deserted the ship and the captain promised that if the remaining seamen were able to bring the ship back to the port, the wages of the two seamen who deserted the ship would be divided equally among them. But when the ship arrived at the port, the captain refused to keep his promise. But according to the law, a contract
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