Offer And Acceptance Essay Examples

A valid contract consists of all essential components which present and the court will enforce as a legally binding promise . One of the elements contract to create a contract is agreement which included an offer and acceptance. “Acceptance is a final and unqualified assent to the terms of the offer, made in the manner […]

Contract Remedies What is a contract? – promise or set of promises, for breach of which the law gives a remedy or the performance of which the law recognizes as a duty. Types of contracts- a. express: formed by language, oral or written b. implied: formed by manifestations of assent other than oral or written language; […]

What types of petitions can be filed by indigent litigants who cannot afford to hire a lawyer to write and file a petition for them? A. In formal pauperism 2. Discovery is designed to prevent trial by surprise a. True 13. Under Article II, a. The President has the power to nominate judges with the […]

In order to determine whether Jacky could sue Samantha for breach of contract, we have to examine whether there is a valid contract between them. According to Oxford Dictionary of Law1, a contract is a legally binding agreement arises as a result of an offer and a corresponding acceptance. However, consideration (unless the contract is […]

The scenario, which we have before us consists of many legal contractual principles that I am going to analyze. The first issue we must consider is, whether a valid contract had been made between Julie Waters and Cheapskate Film Company, and what makes a valid contract. Firstly we must establish whether an agreement had existed […]

First of all, it is essential to specify whether the message conveyed is an invitation to treat or an offer. According to Marson (2011) an offer ought to be a clarification of the terms that the other party must follow. In this case, Jock offers to sell 100 turkeys in exchange for £800 in cash […]

In the common law to speak of the outcome of consenting minds or, even more mystically of consensus ad idem is to mislead by adopting an alien approach to the problem of agreement. The function of an English judge is not to seek to satisfy some elusive mental element but to ensure, as far as […]

The controversial Anglo-American postal acceptance rule has been under much discussion since the subject’s first well-known appearance in Adams v. Lindsell1 in 1818. It is a rule which, although necessary in some form, can, and does, vary from country to country. The rule has caused dissatisfaction to a number of different writers, such as Pollock2 […]

In the proposed scenario there are many factors which potentially affect whether an actual contract would exist. These include the distinction between an invitation to treat and an offer, the application of the postal rule and the circumstances when revocation may or may not be appropriate. There are also relevant case precedents that can be […]

On 10. 3. 2012, John advertised his car for sale at 50, 000 in the local newspaper. The advertisement is either an offer or an “invitation to treat”. An offer is required to form an agreement. Under Contracts Act 1950 offer is when one person indicated to another his willingness to do or refrain from […]

Introduction Contract is a customary of procedures guiding the relationship, content and validity of an agreement between two or more people (such individuals, businesses or other association) concerning the sale of goods, provision of services or interchange of interests or ownership. The elements of contract which are the offer and acceptance needed to be fulfilled. […]

Offer is one of the essential elements of a contract, which is a legally binding agreement made between two or more parties, other essential elements include Acceptance, Consideration, intention and Capacity. In the absence of any of these elements the contract will be void. An offer is a definite promise or proposal to be bound […]

An offer is an announcement of a person’s willingness to enter into a contract. To be an offer, there must be more than an indication of an interest in making a contract. An offer is capable of being converted into an agreement by acceptance and must consist of a definite promise to be bounded, provided […]

A contract is an agreement containing promises made between two or more parties with the intention of creating legal rights and obligations enforceable in a court of law. There are three essential elements that must be proven to establish a contract. The first element that must be established is whether or not there was an […]

Part A The main issues are whether or not the court would consider that the restrictive covenant in issue is void for contrary to public policy. The relevant legal principles are: A covenant must be no wider than is necessary to protect the legitimate interest of the employer. Attempting to stifle competition is impermissible and […]

When doing a business, a contract is usually needed. Since a contract is an agreement, therefore, for a contract to exist, the parties must assent to the transaction. Assent usually takes the form of offer and acceptance. An offer is defined by Treitel as “an expression of willingness to contract on certain terms, made with […]