Introduction This paper analyses the stated fact pattern against the matrix of contract law with a view to answering the two specific questions posed. The questions both concern issues of contract formation. Pertinent case law and authority is applied in de constructing the scenarios and forming sound conclusions. I. Does Betty have an enforceable contract against QUES (Station)? It stands to reason that one of the formal components of any enforceable contract is a valid offer. It is submitted that Station made such an offer when it advertised that anyone who caught Big Bertha on hook and line and presented it to Station would be entitled to a $5,000 cash prize. It is settled law that competent offers may be made not only to a specific …show more content…
In these cases general offers were made to the world at large by means of advertisement , which were deemed accepted to create binding contracts by individuals who fulfilled the terms of those advertisements . The offer made and promulgated by Station is essentially a very simple one: 1. The fish, "Big Bertha" must be caught by hook and line. 2. The fish must thereafter be presented to Station. Leaving all peripheral circumstances aside, Betty has manifestly fulfilled these terms. Station 's reason for refusing to pay Betty, because "she had not actually participated in the contest but was merely on a social outing" when she caught Big Bertha, is materially irrelevant. The original offer contained no stipulation, whether express or implied, concerning the need to engage in formal participation, or concerning the need to in some way register participation (or formally accept the offer). As in Carlill, it is submitted that performance of the terms of the offer will be deemed to constitute its legal acceptance (a rule of policy flowing from Williams v Carwardine (1833) ). Station has only itself to blame, if it wished to run the competition under more specific and formal terms regarding entry and participation, it need only have specified those terms ab initio in its advertisements. Summary On the facts presented, it is accordingly advised that Betty will be able to enforce Station 's promise to pay $5000. II. Does Betty have an enforceable contract
“The mere existence of the core elements of offer, acceptance, and consideration will not guarantee a legally enforceable contract”. Discuss.
If Seller fails to comply with this contract for any other reason, Seller will be in default and Buyer may, as Buyer's sole and exclusive remedy, terminate this contract and receive from Seller the deposit, thereby releasing both parties from the contract.
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.
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.
This is a clear expression of a party accepting agreement to the terms of the offer.
A contract comes into existence with the initiation of an offer made by one party, which in turn should be ‘accepted’ by the other party. The element of offer and acceptance thus initiate the legal process of the formation of a valid and binding contract. The significance of acceptance with respect to the contract laws stems from the fact that the proposed offer must be accepted by the promisee and forthwith be communicated to the promisor. Together offer and acceptance create a promise which can
Due to the facts within the scenario explicitly stating that Amy was aware of the revocation, one cannot counter-argue the method of communication. If this information had been omitted from the facts, Amy’s acceptance would have been valid and Delphine would have been liable for breaching the contract because the revocation of the offer would not have been communicated to Amy
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.
The Court of Appeal organised that Mrs Carlill was entitled to an incentive as the advert constituted a deal of a unilateral contract which she accepted by performing the conditions explained in the offer.
-If advertisement limits possible number of persons able to accept ‘offer’ then can be an offer
To be an offer, a statement must contain a promise/s and not just a statement to supply information as exhibited in the case of Harvey v Facey . In order to determine whether the statements made by Choy were a promise we
To begin, In order for a contract to be valid, it must meet the following elements of a contract: Mutual assent, consideration, legal purpose and capacity. First the definition “Mutual Accent” according to Smith and Roberson’s business law 16th edition (pg 174) “The parties to a contract must manifest by words or conduct that they have agreed to enter into a contract. The usual method of showing mutual assent is by offer and acceptance.” In this event, Martin Motors Inc. accepted the proposal to donate an automobile as the prize.The proposal was accepted and the conditions establish to win the automobile were agreed upon that any golfer who shot a hole-in-one will win a 2016 Seabring convertible. Martin Motors Inc did not establish any other conditions or guidelines that can prevent any candidate from requesting and receiving the automobile promised after he shot the hole-in-one. Also, the second element that was followed was “consideration” according to Smith and Roberson’s business law 16th edition consideration is when both parties in the contract must intentionally exchange a legal benefit or incur a legal detriment as an inducement to the other party to make a return or exchange. For example, in exchanged for the automobile that Martin
In this paper the author is going to explain the valid legal elements of contracts. She is going to define the objective theory
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.