Thursday, May 9, 2019
Foundation of lawwriter 1 Essay Example | Topics and Well Written Essays - 1500 words
Foundation of faithfulnesswriter 1 - Essay Examples (1953) 1 QB 401, display of goods is a willingness to conduct business or commence negotiations thus is considered as an invitation to make an assign (Mulcahy 2008).Mulcahy (2008) points out that the law of accept requires a valid offer and acceptation. An offer is an expression of willingness to enter in to a contract with the intention of creating legal obligations upon acceptance. An offer has to be communicated since there can be no meeting of the minds the offer is not communicated. In this case, Harry has made an offer of 1,000. According to mirror image rule, the acceptance by capital of Minnesota must be d ace harmonise to the terms of the offer. The case of Day Morris Associates v. Voyce (2003) clarified that acceptance by either words or conduct of the other party gives rise to the inference that the offeree assents to the offerers terms thus a valid acceptance must be done according to the terms of the offer for a l egally binding contract to be formed (Mulcahy 2008). In this case, Paul has not accepted the offer from Harry since he asserts that he will accept 1,500 thus he has made a predict-offer that extinguishes the original offer by Harry. In this case, Harry is required to make a valid acceptance that mirrors the terms of the offer from Paul. According to the court of appeal in the case of pantryman machine v. Ex-cell-o (1979) 1 WLR 401, the last shot or last offer wins the battle of forms in instances where one party makes an offer and the other makes a counter-offer (Stone and Quinn 2007). Generally, silence is not deemed an acceptance, and thus Harry requests for three age to think about the acceptance. Although Harry has requested for three days to think about the offer, Paul has not cancelled the offer. Accordingly, the power of acceptance does not terminate if it is qualified in form, but not in substance. Pauls offer can only be terminated through acceptance, rejection, lapse of time, counter offer and revocation. According
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