LETTER OF ADVICE You work for a small accounting practice in Penrith and your managing partner has requested that you provide some advice in relation to the various forms of contractual acceptance. You are to draft a letter of advice that details the definition of acceptance and the relevant decisions by the courts. Please note that you are expected to provide full case citations in your answer and a reference list. Our Ref: 22 September 2014 Accounting Practice Address: PENRITH 2751 NSW BY Email accountingpractice@hotmail.com Acceptance in Contract Law: The case of Postal Acceptance Rule and Conditional Acceptance. Dear Managing Partner, This Letter of Advice is pursuant to your request and enquiry about Acceptance under the Contract Law in Australia, in particular the Postal Acceptance Rule and Conditional Acceptance, related to the operation and management in practice of our organization. Accordingly, the Legal Department sets out below a general background and practice of Postal Acceptance Rule (PAR) and its application to the business world at present in Australia. We enclose with the modification of PAR in response to ongoing changes in transaction acts and technology nowadays. Regarding Conditional Acceptance, the case of Master v Cameron will be utilized as an example and set as background for recommendations for our business. 1. Introduction: Our responsibility is to provide legal information about PAR in Australia, which may be applied to the business
Be sure to provide a strong and specific thesis statement with a nice introduction to your essay. Also be sure to provide names, dates, book titles, court cases, statistics and any and all other relevant facts you can think of to support your answer. Staple this sheet to the front of your essay and be sure to follow the formatting rules discussed for previous FRQ’s.
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.
Please provide a reference here for the research article used for this question, using an online referencing format (3 marks):
Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.
I am using this article for my argumentative essay because it elaborates a multitude of effects of
The assignment will provide detailed information using case laws and a report around the main elements of a contract. These case laws will include:
A contract comes into existence with the initiation of an offer made by one party, which in turn should be ‘accepted’ by the other party. The element of offer and acceptance thus initiate the legal process of the formation of a valid and binding contract. The significance of acceptance with respect to the contract laws stems from the fact that the proposed offer must be accepted by the promisee and forthwith be communicated to the promisor. Together offer and acceptance create a promise which can
Responses to inquiries of predecessor auditor were complimentary about Oceanview. Predecessor auditor spoke highly of Oceanview’s employees’ integrity, competence, and dedication to running a successful business. (Para 26, PES 3(Amended), pg. 12)
| |responses. Do not copy and paste your answers. If you use outside sources, include a reference. |
Some students will merely refer to the principles in Amadio case to support their
Although Amy did not accept the offer from Dr Hu to purchase her medical equipment in the prescribed form of post, her acceptance is still valid. It was suggested that ‘where the offeror has prescribed a particular method of acceptance, but not in terms insisting that only acceptance in that mode shall be binding, that acceptance communicated to the offeror by any other mode which is no less advantageous to him will conclude the contract’ . Therefore suggesting that even though Amy did not respond via post as was asked by Dr Hu, the wording in Dr Hu’s email said that ‘you can respond’, can meaning that it was not specified as the only means of accepting the offer, and that other means of acceptance would be seen to form a binding agreement between the two parties. As Amy’s email was in no way less advantageous to Dr Hu it can be seen as a valid acceptance of the offer that was put to Amy. Amy sent her email of acceptance to the email that she received the email from, which conforms with Section 13A(a) of the Electronic Transactions Act 2000 (NSW) which states ‘the time of receipt of the electronic communication is the time when the electronic communication becomes capable of being retrieved by the addressee at an electronic address designated by the addressee’
I drafted a loan agreement that incorporates and implements the essential agreed terms between A Financial Pty Ltd (‘AF’) and Purple Fox Property Developments Pty Ltd (‘PFPD’). I also prepared a separate security document for PFPD’s director guarantee.
The case is due at the beginning of class on January 29 (Wednesday). Please submit only one document per group. We will discuss the answers in class. You may want to print out your answers and charts for your reference during the class discussion.
Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.
The postal rule was developed to facilitate contracting at a distance. Initially, bargaining at a distance often posed a great challenge to bargaining parties especially through the postal services. This was mainly because via the mail parties could not know simultaneously whether they had reached an agreement. As a result a general rule indicating the time of an acceptance had to be established. Consequently the postal acceptance rule was developed .The postal rule function to create an exception to the general rule, which stipulates that an acceptance will only be effective upon receipt