The Position Of Marble Plc

In terms of the task case, it can be an offer as it was specially made for David. It was hardly an expression of interest to sell a car available for everyone. After all, when David notified Charlie about her willingness to buy the car, he did not reply,

There is consideration present here since according to the ‘Doctrine of Consideration, ' promises will legally enforceable if you ‘ask for something in return for ' something else. Here, Ken asks for £12,000 in return for his work to build Jack 's conservatory. Therefore, when Jack ‘accordingly contacts Ken to say that he will be employing him to do the building work, ' Jack has accepted Ken 's offer, and both parties have entered into a legally binding contract. Jack 's statement qualifies as an acceptance since there is correspondence between the two parties, whereby both the offer and acceptance are on the same terms; there is nexus, where the acceptance is in response to the offer; and finally, there is communication on both parts. Moreover, when Jack states that he will accept the ‘most competitive ' tender, he could argue that the recommendation from ‘Barnie, ' his ‘neighbour ' who expresses that ‘Ken is an excellent builder ' constitutes Jack 's meaning of the ‘most competitive. ' However, this is not relevant unless Bob wishes to argue in court that Jack 's proposal was indeed an invitation to tender, which constitutes an offer, as according to Harvela.

Acceptance-This basically means that the terms of the offer have been clearly understood and agreed to through consent and assent and at no time will the terms be changed.

In regards to other legal issues that are to be addressed I will break them down by a case by case basis.

The offer and acceptance model is flawed- only an agreement is necessary. In order to fully comprehend this statement, we must first establish what constitutes and offer and what constitutes acceptance. “An offer is a statement by one party of willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by the party to whom the offer is addressed”. Acceptance is “…an unqualified expression of ascent to the terms proposed by the offeror”. The “Offer and acceptance model” is based on the court’s adopt the “mirror image” rule of contractual formation. Applying the definitions stated above, we can take this to mean that there must be a clear and unequivocal offer which must be matched by an equally

__T___ A promise to act or to refrain from doing an act can serve as consideration.

Acceptance: The contract is said to be made once the offer has been accepted. An offer is accepted by the offeree when the offeree accepts certain terms of the offeror. While accepting offer certain rules are to be applied such as only the offeree can accept the

Another example of a counter offer is when you buy or sell a house. The person selling the home may post an ad online asking for $150,000 the house. A person interested in buying the house my make an offer of $130,000 because he feels as if the house is overpriced. The offeror asks for a counteroffer of $140,000 to the offeree. The offeree agrees and a legally binding agreement has now been developed.

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

Professor Treitel defines the term offer as an offer can be defined as expressing a willingness to create a contract based on certain terms. This offer is made with the understanding that it will become binding as soon as the offeree accepts it; it essentially means in order to establish a legally binding contract between two parties, there has to be first an offer made by one party and acceptance from another party or parties, meaning that both parties have the same element of intention to establish a legally binding contract between them, this is known as ‘the mirror image rule’ the offer and acceptance both have to both match.

This question requires analyzing the problem scenario from the perspectives of contract law paying attention to the rules relating to invitation to treat, offers, and counter offers. The scenario involved three distinct cases which should be dealt with separately in applying the following rule of contract law. In spite of its wording the advert on the website does not constitute a legal offer, it is merely an invitation to treat because Abigail put up an advertisement that stated the movie memorabilia on offer for 6,000 pounds or near. As such it is not an offer to sell but merely an invitation to others to make offers.

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.

The question is presented in a collection of sentences describing a hypothetical scenario involving parties in situations giving rise to legal rights and liabilities, and requiring for specific legal issues to be addressed in a specific manner. It is made up of two basic components, which are the situation and the instruction. The situation is a long narrative containing facts and details of a sequence of events and references to the disputing parties whereas the instruction is the task to be undertaken for a specific party or parties, usually in the nature of legal advice. Hence, in order for an answer to a legal problem question to be good, it must have addressed all relevant issues presented and applied the relevant laws to them in moving toward a legal solution in closing, all under the conventional writing practices of an academic law problem

- An offer is described as a proposal by offeror to enter into an agreement with offeree that concludes the necessary terms . The offer can be made in different ways such as writing and oral communication A counter offer is a new offer with different terms made in response to a prior offer by the other party. Making a counter offer automatically rejects and destroys the original offer . Acceptance cannot be inferred from the silence or inaction of the offeree . Besides, acceptance communicated in person or by telephone takes place immediately .

Here Janet 's advertisement for selling the car price £3200 was an invitation to treat (Partridge v Crittenden (19680 2 All ER 421). There was no definite promise to sell, the price was open to negotiation. Nicola takes Roys 's advice and make an offer to buy the car for £ 2000. Now Janet as an offeree free to accept or reject the offer. Janet told Nicola that if she had not heard anything from Janet by tomorrow evening than assume the car become Nicola 's for £2000. The relevant authority in relation to this type of situation is the case of Felthous v Bindley (1863) 11 CB (NS) 869. In this case, An uncle and nephew 's had negotiated over the sale of the nephew 's horse. The uncle had said 'If I hear no more from you I shall consider the horse mine at the stated price. ' On the sale of the nephew 's stock, the auctioneer failed to withdraw the horse from the sale as instructed by nephew. The uncle tried to sue the auctioneer but, failed. He could not prove the horse was his because the nephew had not actually accepted his offer to buy.