Question 1 part b 1 The definition of the doctrine of precedent is lower courts are bound by the decisions of higher courts within the same judicial hierarchy if the facts are similar. For example, in south Australian there are three tiered or layered court system. The lower layer is Magistrate court; the Middle layer is District court and the upper layer is the Supreme Court. The highest court is the high court of Australia. So if a decision made by the Supreme Court, the Magistrate court has to follow. Moreover, the Doctrine of precedent consists of binding precedent and persuasive precedent. Binding precedent mean is that lower courts must follow higher court’s decisions when the fact is similar. Persuasive precedent means is that …show more content…
On 9th James&Bella accepted Joe’s offer and wrote back to Joe immediately which means Joe’s offer accepted. However, Joe did not hear any thing from James&Bella until 10th Aug. On 10th Joe sold alpaca to local farmer for 6,500 and he telephoned James&Bella informing them that the alpaca had already been sold. But James&Bella told Joe he should sell the alpaca to them because they already sent an acceptance letter. According to Adams V Lindsell once the letter has been posted the acceptance is valid regardless of receiving date, so James&Bella will rely on this particular rule. On the other hand, Joe can argue there was no acceptance because the letter James&Bella received his rejection and their counter offer on the 7th Aug. Conclusion: Base on postal acceptance rule James&Bella have right to enforce Joe to pay any damages incurred due to his breach of
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
They 're everywhere! McDonald 's hamburgers can be purchased in cities and suburbs, on riverfronts, in college football stadiums and in discount stores. There are fast food restaurants at most major road intersections, and billions of dollars are spent annually to advertise everything from fast food frozen yogurt to kid 's meals. Grocery stores have even gotten into the act with their own versions of fast food restaurants. Families with sick children can stay in Ronald McDonald houses located close to the hospital where the children are receiving treatment, and businesses routinely come to the aid of disaster victims.
In the Hoffman Vs. Sun Valley Company case, where the Sun Valley Company won, despite there being an oral agreement. The prerequisite memorandum form for the sale of the Rudd Mountain property, was not signed to fully close the deal. Thus, the oral agreement was declared void by failure to comply with the statute of frauds.
Analysis: This situation should belong to Offer and Acceptance Section. An offer is not valid until it is received by the offered, and the offeror is not limited by the offer until such time as it is accepted according to Communication of an Offer. So in this case, Bishop received the letter on May 3rd, before May 3rd, it is not bounded. On may 22nd, Bishop wrote to this company and accepted this offer. According to Acceptance of an Offer, the acceptance must take the form if certain words or acts in accordance with the offer that will indicate to the offeror that the offeree has accepted the offer. In addition, the acceptance of the offer takes place when the letter of acceptance, properly addressed and the postage paid, is placed in the postbox or post office. So for Bishop (defendant), it obeys the rules of an offer and acceptance. For Armstrong Aggregates Company (plaintiff), they cannot change their offer by increasing the offer because Bishop had already accepted the offer and sent to this company on May 22nd. Meanwhile, the company did not communicate with Bishop about change the price. Therefore, this action is not valid and this company should still accept this offer at $180.
Explain the linkages between the business case and moral case for diversity in organisations. Support your key arguments by sourcing ‘diversity statements disseminated/ publicised by Australian organisations to justify their claims for managing diversity.
This inquiry contract (offer and acknowledgment) of the Act included in the silver truck with a substantial obligation suspension and bogus responsibility of $ 300 000, as Peter sued. Consequently, Peter additionally had lost $ 20000 for his development business.
In Cambodia, mostly children have to start their life at school at the age of six years old; whereas, I started to be educated at the age of seven years old, in one of the public school in Cambodia. What I remember about that time is that I was so terrified to be sitting in the class. I was crying and wanted desperately going back to my house, but my parents tried to persuade me in order to stop crying and making noise in front of other classmates who sat silently and looked at me. It was so embarrassing to tell some of my stories when I was a child.
Stock-Track Report Eugene Myslinsky - 208083420 For the past three months we have been participating in a Stock-Trak Simulation exercise to experience what it takes to trade in the stock market. In this report, we will explain which strategies I chose to follow, which investments were the most and least successful to my portfolio and lastly, what advice we would give those who are looking to trade with real money. Investment Strategy and Selection The strategy I employed for our Stock-Trak simulation was to diversify our portfolio among different sectors, various stocks with relatively low risk, and stocks which were positively/negatively
Wilbert Heikkila listed eight parcels of property for sale and David McLaughlin was interested in purchasing three of them. Mr. Heikkila proposed a counter offer and then withdrew his offer to sell, was a contract ever reached? To conclude on this issue, we have to look at whether there was ever a “meeting of the minds” regarding this transaction. Mr. McLaughlin made an offer to purchase three of the parcels, however when Mr. Heikkila received the offer, he countered and resubmitted to Mr. McLaughlin. At that point, a counter offer rejects the original and becomes the current offer for consideration. Until the two parties come to an agreement on the terms, there is no contract, stated or implied. Mr. Heikkila also has no obligation to
Emerging to international markets was the first company to accomplish this in the world in the year 1986. Later on the company launched their first equity fund, which only began with about 10 billion with a private equity investment worldwide. Ever since, the company has gone out to launch private equity funds in other countries, operating in Asia, Africa, Latin America and the Middle East. Since then there has been a need to keep thriving to keep success. Research offices around the world are now being built to help with the analytical work with current offices in Dubai, India, China and Beijing.
The doctrine of precedent is an important element on judicial decision making in Australia. The main idea behind the doctrine of precedent is that, when the judge was deciding any cases, must pay proper respect to past judicial decisions. Sometimes this means that judges are bound to apply the reasoning of judges in past cases. The moral value of the doctrine of precedent is the way it serves the political ideal of the rule of law. According to that ideal, institutions of the state, like courts, should strive to ensure that the law is developed and applied in a consistent and predictable manner, so that citizens may order their affairs with confidence as to their rights and duties.
The offer had been agreed upon from both parties is important. The acceptance of an offer cannot alter the terms of the specified in the offer. “An offeree accepts by saying or doing something that a reasonable person would understand to mean that he definitely wants to take the offer.” (Beatty, 2016) Once the buyers or offeree came to an
The doctrine of judicial precedent is based on the principle of stare decisis which means ‘to stand by what has been decided’. It is a common law principle whereby judges are bound to follow previous decisions in cases where the material facts are sufficiently similar and the earlier decision was made in a court above the current one in the court hierarchy. This doctrine of precedent is extremely strong in English law as it ensures fairness and consistency and it highlights the importance of case law in our legal system. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."