Some suggest that such consequences make the postal rule unfair and that it should be the responsibility of the offeree to ensure that the letter reaches its destination. However, the offeror controls the terms of the offer so he can stipulate that the acceptance must be communicated in a particular manner. If he does not do so, it could be argued that he only has himself to blame. The most renowned formulation of the rule is that propounded by Lord Hershell in Henthorn
The parties to the contract must have intended to enter legally binding relations, this is defined as the intention to enter a legally binding agreement or contract. If the parties do not intend to enter a legally binding contract, in which the parties must come to an agreement of both sides, the contract may become a mere promise. In Balfour v Balfour, the husband promised to pay his wife £30 a month, when he failed to pay his wife tried to sue him, the wife 's action failed as an intention to enter
directors in deciding on defensive measures, even after it was inevitable that the target would be sold. The court held that directors of target could consider factors other than money values of the offers, including the amount of information available to shareholders, the conditions attached to the offers, and the timing. These factors might justify defensive measures. These defenses were called ‘’just say no defenses’’. They refer to the ability of directors to simply reject takeovers for the purpose
binding agreement between Dr Hu and Riversong Mediquip? Offer For there to be a binding agreement between Dr Hu and Riversong Mediquip, two factors must be present, these factors are and offer and acceptance. An offer can be defined as a willingness to enter into a bargain and in doing so does justify another person an understanding that his/her assent is invited and will conclude the bargain. Heydon JA suggested that an offer must ‘take form of a proposal for consideration which gives an
remedy -formed when a definite offer is met by unqualified acceptance (Consensus in idem : “Meeting of minds”) -Parties have rights and duties. -Composition: offer + acceptance -can be written, verbal or implied -parties bring consideration to the bargain -formed when offer meets unqualified acceptance -can be formed verbally (no formality
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. The point of this
Offer and acceptance is one the main 7 essentials to create a legally binding contract since a contract is based on agreement. It is also an essential for a court to arbitrate problems. An offer is a manifestation (orally, in writing, or by conduct) of willingness to enter into bargain, which justifies another person’s understanding of assent to that bargain is invited and will conclude the transaction. An Offeror is the party who makes the offer. An offeree is the party who receives the offer and
Regards, Team 5 In deciding if Pine Trees was liable for the damages to Burger Ranch, first it must be determined whether or not their contract was valid. In order to determine if their contract was valid, it must be determined if there was an offer and acceptance. First, Burger Ranch submitted a purchase order to Pine Trees Inc. for 137 decorated
member to clean his house when Melinda indicated to Tobias of a new offer at £100 (+VAT) an hour per team member, in effect cancelled the original offer. A contract can be terminated in certain circumstances and methods. The offeror may revoke an offer before it has been accepted and any counter offer also terminates the original offer. In Carlill v Carbolic Smoke Ball Company, the revocation must take a form that is similar to the offer. The post rule for revocation is an interesting take on contract
with, it is really crucial that ensure whether the advertisement can be an offer or not. The fact is the need of Sam that a van can take customers from offices to beach is consistent with the content of advertisement, Sam contacts Violet. The advertisement is not a valid offer because of the general principle that most of advertisements on newspaper, magazines or websites can be deemed as invitation to treat instead of an offer. It means Sam can negotiate with Violet about the price of the large van