Jerry Is Suing Ronan For Breach Of Contract

Mr. Potbelly and Mr. Slim Jim are two competent people who voluntarily entered into an agreement for the purchases of the pottery and the home. Mr. Potbelly presented Mr. Slim Jim with the original offers and Mr. Slim Jim counter counter-offered within reason of the asking price. The conversation had between Mr. Potbelly and the other individual should not be grounds for him

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

There is consideration present here since according to the ‘Doctrine of Consideration, ' promises will legally enforceable if you ‘ask for something in return for ' something else. Here, Ken asks for £12,000 in return for his work to build Jack 's conservatory. Therefore, when Jack ‘accordingly contacts Ken to say that he will be employing him to do the building work, ' Jack has accepted Ken 's offer, and both parties have entered into a legally binding contract. Jack 's statement qualifies as an acceptance since there is correspondence between the two parties, whereby both the offer and acceptance are on the same terms; there is nexus, where the acceptance is in response to the offer; and finally, there is communication on both parts. Moreover, when Jack states that he will accept the ‘most competitive ' tender, he could argue that the recommendation from ‘Barnie, ' his ‘neighbour ' who expresses that ‘Ken is an excellent builder ' constitutes Jack 's meaning of the ‘most competitive. ' However, this is not relevant unless Bob wishes to argue in court that Jack 's proposal was indeed an invitation to tender, which constitutes an offer, as according to Harvela.

Billy communicates his acceptance directly in response to Choy’s offer. To ensure a contract, acceptance must be unqualified, clear and certain and communicated to the offeror. In this case, these requirements are satisfied and Billy clearly expresses his acceptance, temporarily giving up his study.

Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy Hour and that Wessel would pay Gregory $250. All Performers on the comedy Hour make $500 per appearance. As Gregory knows, the last time Wessel appeared on the Comedy Hour he was asked to make special guest appearances at three local comedy clubs using the same monologue. Wessel earned a total of $750 for the three performances. Shortly before Wessel was scheduled to appear on the comedy Hour, Gregory informed Wessel that he was unable to provide the monologue. As a result, Wessel was forced to cancel his appearance. Wessel sued for breach of contract and requested damages of $1,250. What will result? Issue, -

Manifestation: Acceptance of an offer requires a communication of the acceptance to the offeror from the offeree so in order to satisfy the mutual assent requirement. Pete acceptance could be inferred through his statement No problem you can let me know sometime within the next two weeks.

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.

An advertisement involving a transaction in goods is an offer when it invites particular action, and when it is clear, definite, and explicit and leaves nothing open for negotiation.

This paper takes the stand that direct-to-consumer (DTC) advertising of pharmaceutical drugs is unethical. This stand is based on the belief that many developed countries in the world have banned such kind of advertising because they believe that it is unethical. I believe that the advertising of pharmaceutical drugs is unethical because it gives consumers hope that a specific drug can cure their disease. However, this might not be the case as only a qualified medical practitioner can prescribe the right medication to treat a particular disease or condition. This is a major issue given that many consumers might prefer to be treated with an advertized pharmaceutical drug, yet it might not be the best drug for their specific ailment. It is believed

In this example, an agreement has not been made. The ad that Pete placed in the Auto Trader is simply an offer to do business and not an offer to enter into a contract. The ad “1989 Pontiac Sunbird for sale - $6,000” is an advertisement to attract potential buyers and to initiate negotiations for a contract of sale. Paul provided a response to the ad by offering to pay $6,000 for the vehicle, which then provides Pete the option of accepting or denying the offer.

Direct to consumer advertising is a potentially powerful source of consumer health information. It is used to promote its prescription products directly to patients. Currently it’s only permitted in the US and New Zealand. Regulatory agencies in other countries have not allowed it due to concerns regarding the impact on public health.

For many consumers across North America, the daily inundation of advertisements for both over-the-counter ( OTC) and prescription medication has been so commonplace, it’s surprising that before the 1980’s, advertising to patients was not illegal, but it was essentially unheard of. Advertising departments of major drug companies avoided marketing to consumers, fearing that doing so would impact their relationship with doctors.

I would advise Kevin as the sign in the window advertising the sale of his car for 7,500 euro was an ‘invitation to treat’ it may appear contractual however he is inviting others to make an offer of their own so he wouldn’t be contractually bound to Andrea. Also with the fact Andrea sent an email when Kevin specially asked for it to be in writing to his home address we could argue due to his terms of sale were not adhered to.

An Invitation to Treat is an expression of intent to negotiate; it is not in itself an offer and cannot bind the parties into legal relations. David's letter may be regarded as an advertisement informing Michelle of his merchandise. The 'bargain price' of £500 may be perceived by the court as a mere reserve price, thereby nullifying any claim by Michelle of breach of contract. One could refer to the case of Harvey v Facey of 1893 where, similarly, a salesman informs the claimant, through the means of a telegram, of the price of a piece of land he intends to sell. The defendant writes: 'Lowest price for Bumper Hall Pen £900.'

Further to case Dunlop v Higgins[3], is in same situation, Dunlop send to offer to Higgins. In the communication delay time, Dunlop’s good prices have increased. Higgins has posted the letter of acceptance when he received the offer from Dunlop. Dunlop’s won’t to supply the goods to Higgins with old prices. By Postal Acceptance Rule, hence Dunlop must comply with their offer supply the goods to Higgins with old prices.