Example Offer and Acceptance Essay - UKEssays.com.
In contract law, the acceptance of the offer takes place, when any letter accepting an offer is posted, not when it arrives. This is referred to as the postal rule, a precedent which was established in English contract law by the case of Adams and Lindsell (1818) 106 ER 250 (KB).
Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties.
By law if an offer is accepted by post, the contract becomes valid at the time it was posted. As with the well documented case of Adams v Lindsell, which determined that a posted acceptance is contractually binding. But it did arrive after the stated and agreed deadline which would no doubt make him non eligible for payment of membership fees.
A contract is an agreement which normally consists of an 'offer ' and an 'acceptance ' and involves the 'meeting of the minds ' or consensus between two or more parties with the intention to create a legally enforceable binding contract.
Without offer and acceptance there can be no contract and so it is essential that the law provides rules to identify what constitutes both an offer and an acceptance. An offer may be defined as a statement of willingness to contract on specified terms made with the intention that, if accepted, it shall become a binding contract.
Business Law: Offer and Acceptance. For a simple contract to be valid one party must make an offer and the other party accept it. An offer is made where a person (the offerer) unequivocally expresses to another (the offeree) his willingness to make a binding agreement on the terms specified by him if they are accepted by the offeree' (Card 2002).
A bilateral contract arises where one party accepts the offer made by the other and is the most prevalent type of contract. A unilateral contract arises when a person makes a promise to do something in exchange of another party performing an act. The party making the promise binds themselves to the thing when the requested act is performed.
Acceptance occurs when an offeree agrees to be mutually bound to the terms of the contract by giving consideration, or something of value like money, to seal the deal. Keep in mind that acceptance.
A contract is made by orally, by conduct and in writing. It also consists of an agreement, consideration and legally binding. There are eight elements of contract law, namely offer, acceptance, consideration, capacity, legal relations, legality and agreement. In this essay, I am going discuss the offer and acceptance particularly.
To form a valid offer, the offeror must create a power of acceptance in the offeree. The offeror creates a power of acceptance when the offeree can simply say, “I accept” and know that he has concluded the deal. Generally, an offer must be directed to a specific offeree.
Acceptance of an offer is the expression of assent to its terms. Acceptance must generally be made in the manner specified by the offer. If no manner of acceptance is specified by the offer, then acceptance may be made in a manner that is reasonable under the circumstances. An acceptance is only valid, however, if the offeree knows of the offer, the offeree manifests an intention to accept.
Contract Law: Offer and Acceptance. Assignment Brief: a) The Coffee Shop PLC (known as The Coffee Shop) was in need of facilities management services in their northwest cafes. They placed an advertisement in a regional newspaper, asking for facilities management service providers to get in touch with them. On the 1st February, The Coffee Shop, sent a letter to Quick-Clean Ltd (known as Quick.
An offer expresses the willingness of an offeror to contract on a particular set of terms with the intention that in case the offer is accepted, he or she will be legally bound by the contract. On the other hand, an acceptance expresses an absolute and unconditional agreement with every term outlined in an offer. In fact, an acceptance can be in writing or oral. As such, from the scenario.
Depending on the construction of the contract, the acceptance may not have to come until the notification of the performance of the conditions in the offer as in Carlill’s case, but nonetheless the acceptance must be communicated. Prior to acceptance, an offer may be withdrawn. Another rule is that an offer can only be accepted by the offeree, that is, the person to whom the offer is made.
Question: TMA 03 The Law reform (frustrated contract) Act 1943 has addressed the inadequacy of common law when dealing with the apportionment of loss between parties. Evaluate this statement. Mark 75%, W202 Contract law and tort law. Answer: To evaluate this statement, we need to look at what is a frustrated contract and what are accepted as frustrations to the contract.
The Essay on Common Law Contracts. There are some similarities when it comes to UCC and Common Law contracts. But UCC is for goods and tangible items whereas Common Law Contract is for the intangible items like services. UCC is use to eliminate the technical requirements of contract law. UCC relies on the merchants acting on good faith and reasonable contracts. Part of the UCC is in most.