Firstly, there is an element of capacity and competency in the contract for the purchase of the automobile. This is due to the fact that both parties are not minors and therefore have the legal capacity to enter into any contract Kronman, Furthermore, as natural persons with sound minds, Jim, Laura, and Stan are competent enough to enter into the contract for the purchase of the car.
Thus, this element proves that there was a contract for the purchase of the car. Moreover, the element of consideration also exists between the parties in the contract for the purchase of the car. For one, each party in the contract received something for value. This consideration was sufficient and also moved from the promisor to the promisee.
In addition, there was a mutual consent between the parties that prove that a contract for the purchase of the automobile exists between Jim, Laura, and Stan since the buyers agreed to pay the down payment which was then accepted by the seller. Additionally, the contract between the parties existed since there were an offer and an acceptance of something of value. According to the law of contract, any agreement is legally binding and enforceable at law if there are an offer and an acceptance between the parties involved.
In sum, the contract for the purchase of an automobile exists between Jim, Laura, and Stan since the elements of a contract were met in the arrangement.
The existence of an offer and an acceptance and consideration binds the two parties to the contract for the purchase of the car. Also, the legal capacity, competency of the two parties and the existence of mutual consent between Jim, Laura and Stan proves that a contract for the purchase of the automobile exists between them as specified by law.
Hence, Jim and Laura are legally bound by the contract for the purchase of the car they entered with Stan. More importantly, the advertisement also stated that the defendants offered to pay?? The plaintiff purchased their smoke ball and subsequently came down with a nasty bout of the flu. She sued the defendant for the?? The defendant argued, inter alia, that an offer must be made bilaterally that is, an offer cannot be made to the entire world.
The court disagreed and held that an offer can be made unilaterally that is, an offer can be made to the entire world. Must be clear and unequivocal; the offer was very clear and one of the terms contained therein had indicated the possible variation in the initial agreed contract price according to the cost and availability of materials.
Offers must be distinguished from non-promissory statements made during the course of negotiations. Objectively, these statements are exaggerated and a reasonable person would not expect them to be true.
A valid acceptance: 1. Must be communicated by the offeree which Muchimba Company Limited did though attached a condition. Must be made in response to an offer like in R v Clarke and correspond with the offer. Must be made while the offer is still in force, and the company did what was necessary within the required time as in responding to the offer in general.
May be express, that is, oral or in writing; or implied from conduct. In Brogden v Metropolitan Railway Co , the defendant Brogden had been supplying coal to the plaintiff Metropolitan without a formal contract. The parties thereafter proceeded to act as if there were a binding contract until a dispute arose between them some time later. The court held that a contract existed because the parties had acted on the basis that a contract existed.
In other words, the acceptance of the offer by the defendant could be inferred from his conduct. Therefore, it appears to me that Muchimba Company Limited though setting a condition had implied to have agreed the terms in the offer communicated to them by Buchiclan as they did not object to the contents per se.
The plaintiff Galauni Farms had offered to sale wheat to the defendant of about tones according to the initial documentation which was signed by the respondent.
However, because of some amendments made on the document which were acknowledged by both parties and signed for, it was still necessary to have a cleaned up document which needed fresh signatures. The plaintiff in preparing a cleaned up version of the contract inserted a different tonnage of wheat to be supplied to 2, instead of the initial agreed This being the case, the Counsel for the 1st defendant argued to say that changing of the tonnage from the initial constituted a counter offer to which the client did not consent or accept.
The rule is an exception to the principle that the offeree must communicate acceptance to the offeror. Acceptance takes place when the letter of acceptance is posted, not when it is received. Therefore, it appears that even though Muchimba Company Limited had laid down a condition, yet they implied accepted the offer though counter offered by including different terms.
In Adams v Lindsell , the defendant Lindsell wrote to the plaintiff Adams offering to sell him a quantity of wool and requiring acceptance by post, which the plaintiff provided. The defendant, believing his offer to have been rejected by the plaintiff, sold the wool to another buyer. The court held that the acceptance by the plaintiff was effective on the date of posting, and therefore a binding contract existed between the parties.
There are however exceptions to the postal acceptance rule. For the rule to apply, acceptance by post must have been contemplated by the parties like the case in Henthorn v Fraser. The parties had discussed the sale of properties to the plaintiff. The defendant wrote out an offer to sell and handed it to the buyer, who took it away to consider it. A new buyer turned up and a contract was concluded, the defendant writing to the first buyer to withdraw the offer.
Instead, just write down the issue as a question or a statement. I remember writing a short introduction in a problem based assignment which I thought was different to an exam, for some unknown reason even when the lecturer told us not to! In my defence it was early on in my first year fine — second half of my first year. A problem that many law students face is failing to adapt to the academic environment of law school. It takes time to reverse old habits and realise that an introduction is no longer necessary.
Save the extra words for those 7, and 10, word essays! Being concise is particularly important in exams when you have time limits to separate students into into credit, distinction and high distinction categories. This is enforced by lecturers by imposing low word limits.
However, the reunion did not occur hence the husband failed to honour the agreement. However, there is an exception rule to this where documents under seal deeds do not require consideration for there to be a binding contract.
Answer guidance According to the common law doctrine of privity of contract, only parties to a contract can enforce the contract in a court of law. The parties thereafter proceeded to act as if there were a binding contract until a dispute arose between them some time later.