The Legal Issue Of Sam And Matt

The offeror may specify the acceptance in a particular way, e.g. by postal. Unless offeree stated only the specify way of the acceptance will be allowed, other faster ways such as fax or email are also feasible. In Manchester Diocesan Council of Education v Commercial and General Investments Ltd.(1970) . Council claims that whether the letter of 15 September 1964, or 7th of January 1965, is the acceptance of the tender. The Investments Ltd disagree that the lapse of time between the tender submission and its acceptance (7 January) grounds the expired offer. The court held that the arranged way of acceptance was not the only possible one, provided the other method was no less advantageous to the offeror.

-the reasoning: the letter agreement left the point of delivery up to future negotiation and was not specific to all essential terms. The letter was unenforceable agreement to agree and there was no contract.

There are three main elements for the formation of a legally binding contract, intention, agreement and consideration. The requirement that requires discussion here is the existence of an agreement by the parties to enter into a legally binding contract.

The Mailbox rule conflicts with international contract law. The U.S. is a member of the United Nations Convention on Contracts for the International Sale of Goods (CISG), which adopts the Receipt rule. Acceptance under the CISG is effective when it reaches the offeror and a party may withdraw or modify a second communication that overtakes the first [5]. For example, article 22 of CISG says “An acceptance may be withdrawn if the withdrawal reaches the offeror before or at the same time as the

A person who is considered to have a mental or physical defect cannot enter into a legally binding contract. Age is also a contract limitation. This means that someone under the age of 18 is considered a minor and, therefore, cannot enter into a contract unless it is voidable. However, only the minor can void the contract, not the adult who entered into the contract. When a minor shows intent to rescind a contract by either words or action, the whole contract is voided. If a person is emancipated, they have legal control of themselves and can enter into a contract. In this case, Sam is of age to sign a contract agreement with the store; this is a valid element. The fourth element of the legal object will be deemed to exist if the object of an agreement is valid. Sam agreed to ship 1,000 units of his barking device. However, Sam was doing this illegally because he did not have the required license to conduct business from his apartment. This is not a valid

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’

Various elements must be present to prove that a valid contract exists between Sam and the chain store. A contract is a written or verbal agreement that usually involves employment, sales, and tenancy that can be upheld by the law. Contracts are more than just fulfilling a promise between parties. There are four elements to a contract. The four elements to a contract are agreement, consideration, contractual capacity, and legal object. The first element of agreement would be deemed to exist if the offeror of one party makes an offer to another party, and the offeree accept the offer from another party. At this time it is not a legal contract unless the exact terms of the contract are accepted. The second element of consideration would be

There are six elements that constitutes a valid contract. A contract can be formal or informal depending on the outcome that Mrs. Smithson is looking for. The four elements of a valid contract are offer, acceptance, consideration, and capacity. An offer or a promise is considered to be an agreement, if there is no offer then there cannot be a contract. Offer is there to make sure that the contract is legally binding or acceptable. If an offer is accepted then it is considered to be legally valid contract. The contract is made when there is acceptance from the other person or party. If, however the parties are still in negotiation then there is no contract because it can only be formed when there is an agreement between the two parties. The

Contracts can be defined through promises between parties that are enforceable through law. We know that both parties agreed verbally, an oral agreement was made to hold the car for one day with a hundred-dollar deposit and Stan agreed to the terms that the deposit was refundable. Contracts can be in in two form which are written or oral. Based on the elements of contracts, many fundamentals factors are considered mandatory to form a contract that is binding on parties and are primarily outlined through the following:

In order for the court to determine that a contract did not exist between Lucy and Zehmer, a few key indicators would have to be changed, the first of which is “mutual assent”. By definition, mutual assent is achieved when both parties come to an agreement by means of an offer and acceptance of said offer. If Zehmer had simply not accepted the offer made by Lucy then mutual assent would not have occurred, which would have resulted in the court being unable to establish that a valid contract existed between the two parties (Bethel University, 2011, pp. 178-179).

According to Kronman, for any contract to be enforceable at law, the parties involved must have the legal capacity to enter into any contract. As such, where the parties involved are natural persons, they must attain the majority age and must also be competent. Jim and Laura and Stan have the legal capacity and competency to enter into a contract. Besides, writing requirements and formalities is another important element of a contract. A written contract must be signed by all parties involved. However, a contract may be oral. An oral contract can either be implied in facts or implied in law. In an implied in fact contract, the parties involved receive the benefit of the bargain. Since there were no documents signed by Jim and Laura and Stan, the contract was oral as well as implied in fact because there was a benefit of the bargain between them (Beatty, Samuelson & Sanchez Abril,

In order for a contract to be formed, there are various requirements. These are offer, acceptance, consideration, and the intention to create legal relations. A contract may also be terminated.

In order to establish whether or not Bryce and Amelia have a legally binding contract, the contract must have 4 elements, which must be established without any vitiating factors. These elements are: an intention to create legal relations; consideration being provided by both parties; an agreement

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

Especially for the past decades, not only in the legal profession but also across the commercial spectrum, a constant debate as to whether the Postal Acceptance Rule (hereinafter referred to as ‘the Rule’) should be sustained or discarded has never been so profound in Hong Kong. To this end, the paper is intended to argue for maintenance of the Rule for reassurance of less uncertainty in business activities. Thus it is divided into two parts, which include relevant historical background and theoretical and practical justifications before a decent conclusion marks the very end.