E-Commerce Offer vs Invitation to Treat

Most time, acceptance would be made in clear and loud matters, such as saying “Yes, I accept.” But silence would constitute acceptance of an offer where the common-law and statutory law allows. Supreme Court of Nebraska has confirmed in Joseph Heiting and Sons v. Jacks Bean Co that acceptance may be established by silence or inaction of an offeree and acceptance occurs when the buyer/offeree “does any act inconsistent with the seller/offeror’s ownership...” Neb. U.C.C. section 2-606(1)(c). In Joseph Heiting and Sons v. Jacks Bean Co, 463 N.W.2d 817, 236 Neb. 765 (Neb.,1990), Heiting (Plaintiff) offered to sell its beans at the posted price on September 30, 1987, but was never informed of acceptance or rejection of the offer. Heiting and Jacks

20) With regard to consideration in a sales contract, the UCC differs from the common law in that

iv. Arrangement considerations must be fixed or determinable and are to be allocated at the “inception of the arrangement to all deliverables on the basis of their relative selling price.”

ii) When dealing with customers, Eden Sounds prefer to use a “Standard form contract”. Explain what a ‘standard form contract’ is, and list the advantages to both parties in using them.

1. The customer fills in the form (with the exception of the rental amount which is

u. P2) This implies that the seller who intends to enter a contract with a customer has a duty to disclose exactly what the customer is buying and what the terms of the sale are.

They went ahead to confirm their verbal agreement by paying an amount that partly makes them show desire to purchase the automobile. In return, with mutual understanding the salesman keeps the car and calls them to confirm if the purchase would be completed. A contract that is legally binding does exist here. There are factors in this scenarios that show a legally binding agreement is in existence.

10) When a salesperson is formulating an opening statement to use to approach a buyer, what should the salesperson focus on?

Advertisements have one primary purpose that is to persuade. Prescription medications Ads tell the consumers to get treatment and also imply that they have the need for it to solve their problems. Since prescription Ads have been introduced, the pharmaceutical

The buyer will accept the Goods and pay for the Goods with the sum of sixty thousand (16,000.00) USD, paid in cash as required in clause 4 of this Agreement.

would give 100 £. The company then deposited 1,000 £ in a bank to show

The relevant rules are every simple contract must be supported by consideration, a promise to fulfil the terms of a contract is not always good consideration, and the rule that an agreement that is commercial in character can amount to a binding contract

c) Special Legal Considerations would be another alternative for this issue. Inspection Rights, if a purchaser has not inspected the purchased material to ensure that it conforms to the terms of the contract, the law gives him or her a reasonable period of time to inspect the material after it is received. If the purchaser raises no objection to the material within a reasonable period of time, he or she is deemed to have accepted it.

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)

7.What is the denotation of the advertisement? 8.What is the connotation can we infer from the advertisement? 9.what discourses are present? (need to include bias) 10.What presentation have been communicated?