Part A Question 1 Step 1: Area of Law The area of law is focused on Contract Law in regards to the

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

Revocation. [7] Whoever makes an offer can revoke it as long as it hasn't yet been accepted. This means that if you make an offer and the other party wants some time to think it through, or makes a counteroffer with changed terms, you can revoke your original offer. Once the other party accepts, however, you'll have a binding agreement. Revocation must happen before acceptance. There are some offers that are irrevocable. The offer must be revoked in the same manner it was given.

A contract is an agreement that creates an obligation that is enforceable by the law. The law has clear guidelines that before there exists a contract that will be binding, there has to be an offer, acceptance, mutual obligation and all parties should be of sound mind and by law be of legal age. A contract can either be written or spoken. Assuming that the buyers were at the required age went to the car dealership looking to purchase a new car.

A contract is an agreement that creates obligations that are enforceable by the law. A contract can either be written or spoken. There are elements to a contract that make it valid and binding. This is defined as a clear manifestation of willingness to enter an agreement made by another person with full understanding that their assent to the bargain is an invitation and is concluded. As to whether there was an offer in this case, yes there is an offer. When the salesman offered the buyers time for a test drive and they finally chose and agreed to buy the blue car it was a clear offer.

A contract is a legal document that states and clarifies a formal agreement between two different people or groups. This implies that an agreement between parties must have a strong backing by law. The following are therefore required for a contract to be mandatory for all participants involved. These elements in a contract prove whether the contract is regarded credible or not credible: The objective is to build a legal relationship, offer and acceptance, consideration, capacity to contract and legality.

However, the following are the vital steps contained in each contract. Also, without them the contract would not be considered valid. First, an offer entails a statement by one party who is willing to make a contract under certain conditions keeping in mind that it shall be accepted. Second, acceptance gives a picture of the agreement to the terms offered. According to Rogers (2012), acceptance is considered valid when, (1) it is made by an individual to whom the offer was directed, (2) it is unequivocal, and (3) it is communicated to the offeror. Third, consideration encompasses the terms of the contracts between the parties. Therefore,

A contract is simply an agreement which has legal value so that it is binding on both the parties, and each of the party can enforce it lawfully in case of any contravention of the terms of agreement. For an agreement to take the form of a contract, it is necessary for it to contain four essential components of a legally binding contract . These include,

Contract is defined as an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. For purposes of this chapter, we are concerned with agreements to buy and sell some type of agricultural product. Contracts 101 You should be concerned about contract law because it determines how parties to the contract will need to keep the promises they make. Although very few contracts ever end up in court, if the parties to a contract disagree on something and are unable to resolve the disagreement, they may have to resort to the judicial process. This means that as the parties negotiate a contract, they need to consider how a judge might ultimately interpret it. For a contract to be enforceable, it must involve:

An offer is defined as: The manifestation of willingness to enter into a bargain, so made to justify another person in understanding that his assent to that bargain is invited and will conclude it (pg. 493). The parties to an agreement are, the offeror and the offeree. The offeror is the party making the offer, and the offeree is the party receiving the offer to enter into an offer. Basically, the offeror promises the offeree

The first issue to be addressed is whether Abigail’s advertisement for the collection was an offer or an invitation to treat; establishing this will aid our understanding of what Abigail’s position is in terms of her contractual obligation. Advertisements are mostly invitations to treat rather than an offer. The language of Abigail’s advertisement is imperative in trying to determine whether this is an invitation to treat or an offer. In the case, Gibson v Manchester City Council (1979), the council used the wording ‘might’ therefore the court held this advertisement to be an invitation to treat rather than an offer. Paradoxically, in Storer v Manchester City Council (1974) the title of the document read ‘agreement to sale’ therefore this constituted an offer. On balance, Abigail’s advertisement is more akin to that of Gibson v Manchester City Council insofar as she uses phrases such as ‘or near offer’ and ‘or, telephone me, if you prefer’.

It is important to differentiate between offer and invitation to treat based on the intention of parties. For instance, the intention of whether the maker of the statement intend to bound by the acceptance of his terms of the proposal without further negotiation, if yes then it can be said he has made the proposal. In the other side, we need to see whether he intend his statement to be the part to continue the negotiation process, if yes then he has made the invitation to threat. One of the circumstance of ITT is an advertisement which attracts the other party to make an offer based on the information inserted in newspaper or magazine. In the case of Partridge v. Crittenden [1986] 2 A11 ER 421, D inserted an advertisement in a magazine for caged bird enthusiasts stating that he had finches for sale at $25each.D was prosecuted and convicted as he makes its illegal to offer finches for sale .D appealed. On appeal, the court held that he had been convicted wrongly as that the advertisement is not an offer but merely is an

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)

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

An offer is an expression of willingness by one party to contract on certain terms with another party with the understanding that the contract will become binding when accepted by the person to whom it is offered. An offer may be made in different ways, such as in a letter, an email, or even your behavior, so long as it conveys the basis on which the offering party is willing to contract. An offer should consist of: (1) a statement of present intent by the offering party to enter into a contract; (2) a specific proposal that is certain in its terms; and (3) a communication that identifies the person to whom the offer is made. If any of these elements are not present, an offer has not been made. (Walker, C. B., 2012)

As held in Carlill v Carbolic Smoke Ball Co, a valid offer will exist when a reasonable person in the position of the offeree would consider that an offer was made. Here, the language of the agreement is not vague, stating a time of settlement of 8 weeks and to implement every reasonable means to achieve this.