Offer and Acceptance - Contract Law

Tech Ltd hired extra electricians and worked longer hours to complete the installation as agreed on 20th December.

Firstly, we have to distinguish whether Jack makes an invitation to tender or an invitation to treat. According to Harvela Investments Ltd v. Royal Trust Co of Canada (CI) Ltd (1986), the usual analysis is that ‘an invitation to tender for a particular project is simply an invitation to treat. ' However, in the case of Harvela Investments Ltd, the invitation to tender is treated as an offer implicating legal obligations. I believe that Jack was making an invitation to treat rather than an invitation to tender, constituting an offer, for several reasons; firstly, the terms of the invitation are vague, with no specification of time for which acceptance of the ‘most competitive tender ' will remain open till; secondly, I infer that the lack

An offer is the manifestation of the willingness to enter into bargain, so that the offeror understands that he may enter into the bargain freely and that assent to the bargain will complete the transaction. Bill presented an offer to Sara to

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.

‘Acceptance is a definite and unqualified assent to an offer, on all of its terms. Any acceptance given conditionally will not result in a legally binding agreement.’

after 2 days, did not get an affirmation from A to B as An and B, to renounce its agreement to impart. On 11 November, an affirmation letter will be sent by B in this circumstance, in a way in which the agreement is now in the 7 November to disavow the offer has not been hung on 5 November concurred. Register to get the letter B and the letter has been posted for verification for this situation, it would be more suitable.

The Mailbox rule increases the risk for an inability to fulfill contracts. Based on the Common Law system, an offer cannot be withdrawn but can be revoked by the offeror. In the Restatement (second) of Contracts, § 42 “an offeree’s power of acceptance is terminated when the offeree receives from the offeror a manifestation of an intention not to enter into the proposed contract.” That means an offer would be void when revoked information reaches the offeree. And there is a gap between the revoked information is mailed and when it is received. Therefore, during this gap, if an acceptance was mailed, according to the Mailbox rule, a contract is created. Obviously, under this situation, the Mailbox rule could cause a party to be unable to fulfill a contract. More unfairly, this rule would even punish the offeror with good faith because the offeror has no ability to fulfill the contract, which causes them to violate the contract’s obligation.

14. The Purchaser 's exclusive remedy and the Seller 's limit of liability for any and all losses or damages resulting from defective goods or from any other cause will be for the purchase price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Purchaser.

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’

Independent sales representatives work to put together profitable sales deals for manufacturers who often don’t have the time or desire to develop relationships for the sale of their products. Sales and manufacturing are often two different mindsets. Manufacturers often rely on independent sales representatives for this part of the process. Paying the sales commission is part of doing business until the manufacturer decides to lower his cost by selling directly to the customer. Once the relationship is built, the money that was paying the sales commission can be saved or invested elsewhere. “A bad economy only increases the cost cutting measures by manufacturers. However, when cost cutting measures involve breaching a prior agreement

It will be the same, no matter the letter has arrived or not. According to postal rule, even if the letter never reaches to the offeror, the contract will still be completed. That means no matter Tracy’s letter arrived or not, the letter still be valid, and the contract will not be formed, Amanda still cannot sue Tracy for remedy, and Tracy does not have any obligation on the contract.

There are two types of offer; specific and general. Specific offers are those made by one person or group of people who can choose to accept, and general offers are made to a generalised majority, such as in rewards and public advertisements. In the case of CARLILL v CARBOLIC SMOKE BALL, a general offer had been made, as it was a publicised advert. The company did not comply with the terms that it had stated; therefore the court held that the contract had been breached as an offer had been made. It was rightly decided that most offers

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

ANSWERS TO QUESTION 1 OF CONTRACTS EXAM Exam 5003 – AThe letter sent by B was an offer. An offer may be defined as a communication, having sufficient definiteness to eliminate the need for further negotiation, and creating the impression of manifest intent to enter into a K. An offer may be made to the general public, as in a mass mailing or advertisement, or to an individual. The letter was sufficiently definite. It provided the description of the product, a price, and a quantity. The quantity, while not particular, first created the impression of a great many pieces available. Second, it operated as an offer for a requirement K by UCC 2306. Such a requirement K need not be explicit in the quantity; it is