Contract Law : Offer And Acceptance Effective Times Essay

704 WordsApr 10, 20153 Pages
1. Case Problem – Contract Law: Offer and Acceptance Effective Times The contract in Dennis v. Paul, Paul has met the requirement for a firm offer which included a written terms and conditions and a signature. However, he did made a unilateral mistake of an unclarified effective date and termination date of this offer. He lacks the consideration of the mail turnaround time which result the delay of the reply from Dennis. Although the contract lacks consideration, it was dated on February 1st and Paul was assumed to get the answer back from Dennis before February 10th but he did not receive the letter until February 12th. It is Dennis’ responsibility to make sure the letter will be received by Paul before the due date. Otherwise, Paul can treat this offer as having lapsed before acceptance. Paul is not liable to sell his farm to Dennis and the contract is unenforceable. The cases with Adam v. Dennis and Bob v. Dennis are under Third Party Rights. In a bilateral contract, the transfer of contractual rights to a third party is known as assignment. Dennis assigned his rights to Adam and Bob that they have the right to demand performance from Paul to the contract. But the contract between Paul and Dennis was unconditional, the rights of assignor (Dennis) is extinguished. 2. Case Problem – Tort Law Adam has committed an unintentional torts (negligence) because he has failed to live up to a required duty of care. Duty of care is a requirement that a person act toward others and the

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