Questions On Terms Of Agreement

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.

I have been asked to provide a legal opinion regarding whether Margaret’s arrangement with Frames for Less is legally enforceable, and also regarding the auction at St Francis College. The main issues I will cover in this opinion is whether Margaret’s arrangement with Frames for Less was a contract in the eyes of the law. I will look into whether Frames for Less’s letter was an offer, whether Margaret accepted this ‘offer’ and whether it was a valid contract. I concluded that Frames for Less did in fact make an offer to Margaret and she did accept this offer, so it was a valid contract. I will also determine whether the Girdler paintings were legally required to be in the auction at St Francis College by looking at whether the advertisement was an offer or an invitation to treat, I determined that the advertisement for the auction was an invitation to treat and that St Francis College were not legally required to sell the paintings.

over $99. Which is a very high price that does not align with the ad and this will

In this problem Finnin, McPherson and Wright (FMW) expressed to negotiate on buying the Honda-Toyota dealership on Lindsay. Based on the proposed agreement, FMW should pay a certain amount of $1.1million of the stock of Lindsay. And so, this case should be based under the common law. Common law governs the contracts for services, intangible assets and other contracts not governed by the Uniform Commercial Code (Mallor, Barnes, Bowers, Langvardt, 2013). Formation of the contract under the common law includes an offer, acceptance and consideration. And in order for an offer to be binding the offeree (the person to whom the offer is made) must accept the offer. An offer gives the power of acceptance to another party and includes the agreements essential elements, which must be definite and certain.

In order to advise Abigail as to her legal position, we need to examine whether the elements of the contract are valid. A contract is an agreement between Abigail and all the three parties that are involved in the case. There are Barney, Cathy and Ernest that are involved in the agreeing to buy the “valuable collection of movie memorabilia” which is not possible in all cases in the law of contract. This means the agreement must be recognized by the court.

I can appreciate the device and I like what it does, but I don’t see myself ever using it

The fact Bob has made his initial offer through post; making it reasonable for Sam to rely on postage to deliver his acceptance.

1.3 Evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods contracts

The above scenario is difficult to analyse due to there being no executed contract documentation to review such as a specification or terms and conditions to base a recommendation upon. Basic legal contract principles should therefore be applied to establish if a contract was in place, if it had been breached, along with potential remedies applied to each party.

The scenario between Arnold, Bertram, Charlie and Doris is a classic issue of offer and acceptance. These are two elements of a valid contract. The scenario also raises its potential of being an invitation to treat as this is a stark contrast to that of an offer. That is, we must consider whether the notice placed on the car constitutes a valid offer or if it was a mere invitation to treat. If this notice does amount to a valid offer where Arnold outlines the terms and conditions (the price at which he was willing to sell and his telephone number) by which he is willing to be legally bound we must look at the possible issues that may arise and what possible steps Arnold can take to deal with his situation.

If Ken chooses to “walk away” from his lease with Amber, Amber’s cause of action against Ken is breach of contract agreed on September 1, 2014. Ken signed a lease with the landlord, Amber, and took possession of the house on this date, with an agreement to occupy the premises for four years (48 months). As at October 2015, when Ken approaches Amber regarding termination of the lease, there are 34 months remaining. Thus, Amber can sue for an amount equal to 34 rental payments.

At the point when the carrier acknowledges conveying risky goods, he acknowledges conveying the danger. This does not mean the shipper will not be liable. When both parties know the nature of goods and something goes wrong, the case resembles some other cargo case. If the shipper has told the carrier of the hazardous nature of the load, the shipper cannot be absolved from risk in the event that he is careless in satisfying obligations on his part and neglecting to take important precautions.

prove the terms of a contract in a dispute and can include protracted litigation. In

At the present moment we do not know what Gibson charges for their product lines. We must find out that if they are charging more than 82.25 (according to exhibit 2 in the book) are they losing money.

The terms of a contract refer to the obligations of the parties entering into the contract. These terms are the contents of the contract, which determine the parties’ rights and obligations. Consequently, the law classifies the terms in two ways. Firstly, the law can look at the terms according to the consequences of breach involving the nature of each term as a condition, warranty or innominate. Secondly, they may investigate the method through which the terms got into the contract, explicitly or implicitly. Courts have the option to examine these two methods to reach an understanding of the obligations of each party in the contract breached by one party.