...Nowadays many people conduct lengthy job hunts before arriving at a single offer. When two offers come along, job seekers can be taken aback, unsure how to proceed. Receiving multiple job offers can come as a surprise to employment seekers, and when faced between with two or more job opportunities It is always delicate to hesitate; and the decision is not easy to take. Nevertheless, it is very important to take a time to think which career opportunity is the better fit, given your career goals, needs, and wants. Sometimes the choice is clear, and an applicant will have no difficulty choosing one offer over another. However, in other cases, the compensation packages of two job offers could be similar and therefore cause dilemma. According a survey conducted in 2014, about employment factors, the statistic shows the most important employment factors when choosing jobs among workers worldwide in 2014 was salary, and financial incentives with 84%. But apart from the financial compensation there are many others incentives to consider before choosing a job. The first is advancement; during the survey, 62 percent of respondents said that opportunities for advancement would influence them to choose one job over another. Applicant should be looking to take the job that will advance them the furthest in their career. It’s important to capitalize on opportunities that move you forward in your professional growth and development. Secondly the hours and work-life balance. It is...
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...Joinees target is calculated based on the number of offers released the previous month. • The KPI of salary percentile is replaced with salary percentage. • Additional scoring: Offer of profile sourced/ER by recruiter will also be considered for the ratings though it is not mandatory. KPIs in Detail There are 4 ratings only Rating 1: Very Good Rating 2: Good Rating 3: Meets Expectation Rating 4: Needs Improvement Offers The offer target for the month would be based on the number of WIP positions with the recruiter in the beginning of the month* *in case the number of WIP positions in the beginning of the month is too low or many positions were cancelled during the month, the recruitment manager would decide the offer target for the recruiter. Rating 1: % of offers is greater than 85% of the WIP positions Rating 2: % of offers is greater than or equal 75% of the WIP positions Rating 3: % of offers is greater than or equal 60% of the WIP positions Rating 4: % of offers is less than 60% of the WIP positions Joinees The joinees target would be based on the offers released the previous month* *in case of any special cases the recruitment manager would define the joinee percentage required for a 3 rating. Rating 1: % of joinees is greater than 60% of the offers Rating 2: % of joinees is greater than or equal to 50% but less than 60% of the offers...
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...Advise Cindy her contractual positions with respect to Lam In the case of Cindy and Lam, Cindy, a customer, visited Lam’s shop and took the handbag to the cashier to pay for it. However, she changed her mind and decided not to purchase it. Lam said she was legally bounded to purchase the handbag; otherwise, he would sue her for breach of contract. This legal issue is that whether there are both valid offer and acceptance bringing Cindy into a legally binding contract and the display of handbag in Lam’s shop is either an offer or an invitation to treat. A legally binding contract requires five essential elements, which are offer, acceptance, consideration, intention to form a contract and capacity. Where all these elements are present, a legally binding contract comes into effect. An offer is an expression of willingness by a person to contract on certain terms which must be clear and capable of acceptance by another person. It can be made in any form by the offeror and should be communicated to the offeree to become effective. But what words are used is unimportant. Invitation to treat is simply an expression of willingness to enter into negotiations which, it is hoped, will lead to the conclusion of a contract at a later date. Generally, a statement to a specific person usually constitutes an offer. Meanwhile, a statement such as general advertisement or a display of goods is usually an invitation to treat because it is made to a very large group of people. An acceptance...
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...whether… List out Elements of that related topic Offer + Acceptance + Consideration + Intention to create legal relations + Contractual capacity Define the terms An offer is a definite promise or proposal made by the offeror to the offeree with the intention to be bound by such promise or proposal without further negotiation. (Srivastava, 2012) Refer the related case law with judge statement help to state general rules: According to Carlill v Carbolic Smoke Ball Co. (1893), Offer is a definite proposal made to the offeree by the offeror. There must also be intent to be bound by such an offer. State the case situation which matches the case law. Conclusion Offer and acceptance Elements: Offer + Acceptance + Consideration + Intention to create legal relations + Contractual capacity Define terms: Offer According to Srivastava,an offer is a definite promise or proposal made by the offeror to the offeree with the intention to be bound by such promise or proposal without further negotiation.) In simply words, it is an expression of somebody’s willingness to make a contract, which the expression should be clear and without further negotiation. Acceptance An acceptance is a final and unqualified expression of the offeree’s assent to the terms of the offer. It can be made in writing, orally, or by conduct. Invitation to treat An invitation to treat merely invites someone to make offer rather than making an offer by himself or herself. Refer the related case...
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...rest of my life, I will give you my office building. I'm frightened because I have no heirs and you are the only one who cares for me. I need to know now that I can depend on you." Edward doubted that Winston owned any office building, but said nothing in response and just completed his examination of Winston and gave him some medication. Since Winston made the statement two years went by. Winston's health worsened and Edward continued to treat him. Edward forgot about Winston's statement regarding the office building. After five years of treating Winston, Edward learned that Winston was indeed the owner of the office building. Edward, remembering of what Winston had told him, immediately wrote a note to Winston stating, I accept your offer and promise to provide you with all the medical services that you may need for the rest of your life." Edward signed the note, put it into a stamped envelope addressed to Winston, and placed the envelope outside his front door for the postman to pick up when he arrived to deliver the next day's mail....
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...a car dealer placed an advertisement in a weekly motor sports magazine offering to sell a triumph (Tr6)for $10,000. RULE OF LAW: Rule of law for an Offer - is a statement of willingness of a contract on specified terms if accepted, it shall become a binding contract. Argument/Counter Argument: firstly, the advertisement was public to the eyes of citizens and it will attract interested outsiders, because of an invitation to treat. Whereas, Chris acceptance to the advertisement leads to a binding contract with the offeror, Tom. After he saw advertisement he immediately posted an acceptance letter with $8000 cash, alongside his office fax number. The offer was accepted when chris sent the letter to tom accepting the offer. Both parties communicated by fax, when the letter itself was sent to the offeror in which Tom read it and accepting the check. -According to the case of Carlill vs Carbolic Smokeball, the defendant manufactured a "Smokeball" to prevent flu and whoever used it over a specified period of time, each will receive $100. Carlill saw the advertisement, which states an invitation to treat. She used the Smokeball under her specified terms and still caught the flu. She went to collect her $100 benefit but the company refuses to pay her. When the claim was made they said there was no contract. It was held that an offer made to the world at larg, can become a contract with those who fulfilled the conditions. Based on the conditions, Chris performed within the conditions...
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...Assignment 1 – M1 Analyse the impact of the requirements for a valid contract in a given situation Aled, aged 19, decided he wanted to set up in business. He was planning to buy and sell items both on the internet and by mail order. Aled agreed with his father, Brian, that they would convert a spare room in the family home into a ‘business centre’ with telephone lines, internet and fax facilities and a selection of office furniture and equipment. Aled then entered into the following agreements. Having acquired 1000 pairs of famous brand-name jeans through an internet auction site, Aled placed an advert in a newspaper ‘offering’ the jeans at £9.95 each. Unfortunately, this was a misprint, as the price should have been £19.95. Even this correct price was cheap compared with the normal shop price, and orders by post, as detailed in the advert, began to flood in. He also unexpectedly received some orders by fax, even though his fax number had not been printed in the advert. Aled responded to the orders as quickly as he could, either despatching the jeans or, when he had run out of packaging, sending a confirmation slip promising delivery within 28 days. Aled, aged 19, decided he wanted to set up in business. He was planning to buy and sell items both on the internet and by mail order. Aled agreed with his father, Brian, that they would convert a spare room in the family home into a ‘business centre’ with telephone lines, internet and fax facilities and a selection of office furniture...
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...and evaluating the competitive environment. 2. Buyer Solicitation Planning: The Process of preparing the documents needs to support the solicitation. Seller Bid/No Bid Decision Making: The Process of evaluating the buyer’s solicitation, assessing the competitive environment and assessing the risks against the opportunities of a potential business deal, and then deciding whether to proceed. 3. Buyer Solicitation: The process through which a buyer request bids, quotes, tenders or proposals orally, in writing or electronically. Seller Bid or Proposal Preparation: The process of developing offers in response to a buyer’s solicitation or based on perceived buyer needs, for the purpose of persuading the buyer to enter in to a contract. 4. Buyer Source Selection: The process by which the buyer evaluates offers, selects a seller, negotiates terms and conditions and awards the contract. Seller Contract Negotiation and Formation: The process of reaching a common understanding of the nature of the project and negotiating the contract terms and conditions for the purpose of developing a set of shared expectations and understanding. 5. Buyer Contract Administration: The process of ensuring...
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...in contract, key component parts of a contract which are offer, acceptance, consideration, intention to build legal relationship and capacity must be proved valid. For those five elements, the principles and rules will be analysed firstly, and application related to issues will be dealt with in terms of Anna, Bella, Carol and Dora respectively in turn. Ultimately, their contractual relationship with Anna will be concluded. Anna In the current situation, we are investigating whether Anna’s card in the window is an invitation to treat or an offer. An invitation to treat is only an expression to attract a party to enter into negotiations while an offer is a statement promised by one party to enter into a contract on a particular set of terms. According to a general rule, an advertisement of goods for sale is not regarded as an offer, Partridge V. Crittenden. Its intention does not intend to be bound by any acceptance without further negotiation; otherwise, Anna would be bound to provide everyone who received the club. Although it has an ‘offer’ in the content, the statement is still seemed as an invitation to treat, Spencer V. Harding. Moreover, the advertisement is not clear enough to be an offer as the price is at ‘£300 or nearest offer’, which is not a fixed price and thus need further negotiation. Therefore, Anna is under no obligation to sell the club. However, the advertisement can also be held to be an offer, forming a unilateral contract. A unilateral contract agrees...
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...Four Essential Elements of a Contract Offer There must be a definite, clearly stated offer for something. It does not include estimates, requests for proposals, letters of intent or expressions of interests. At times an offer will lapse. This happens when the time for acceptance expires, the offer is withdrawn before it is accepted or there is a reasonable time after in the circumstances after the life of the offer. Acceptance Only want can be accepted should be offered. This means that the offer must be accepted exactly as offered without any changes. If new terms are presented this is called a counter offer. This can wither be accepted or rejected. Before there is an agreement there can be many offers and counter offers. It is the acceptance of the offer that brings the negotiations to an end by establishing terms and conditions of the contract. The acceptance can be given verbally, in writing, or inferred by action that clearly indicates acceptance. Intention of Legal Consequences A contract requires that all parties involved intend to enter a legally binding agreement. They must understand that the agreement can be enforced by law. The intention to create legal relations is presumed. So the contract doesn’t have to state that you understand the legal consequences that can follow. If the parties involved decide that not to be legally bound by the contract it must clearly be stated. Consideration In order for the contract to be binding it must be supported by valuable...
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...arose in Adams v. Lindsell. On September 2, 1817, the defendants sent a letter offering to sell wool to the plaintiffs. The letter reached the plaintiffs on 5th of the same month. The plaintiffs posted the acceptance on the same evening but it reached the defendants on September 9. The defendants waited till September 8 and then sold it to some other party. They were sued for the breach of contract. The defendants argued that there should have been no binding contract unless and until the plaintiff’s answer is received by them and, therefore, they were free to sell the wool to some other party on September 8. But the court said: If it were so, no contract could ever be completed by post. For if the defendants were not bound by their offer when accepted by the plaintiffs till the answer was received, then the plaintiffs ought not to be bound till after they had received the notification that the defendants had received their answer and assented to it. And, so it might go ad infinitum (endlessly). So it was held that the contract is formed when the letter had been placed in the letter box in due course. This is called “postal rule”....
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...has not been put together at all. Now, David McLaughlin only submitted written offers to purchase three of the parcels and by the way, these are only “offers”. Not an actually contract or agreement. Heikkila has every right to withdraw from Mr. David McLaughlin to sell. I mean, he did not break any laws and there was no contract in place whatsoever. This is just a case of trying to negotiate a contract or initiating a contract but not executing the contract. I really do not understand why Mr. David McLaughlin actually felt as if he could really sue Mr. Heikkila about a contract that was never valid. I guess he was just mad that Mr. Heikkila backed out of the sell overall. In this case I really feel as if Mr. David McLaughlin just wasted so much of people time with his nonsense. A person does not have to agree to his offer and why get mad if someone refuses. Once Heikkila received McLaughlin’s offer, he immediately started making changes on the offer. To me, Mr. Heikkila submitted a counteroffer to Mr. McLaughlin that when Mr. McLaughlin actually received the offer Mr. Heikkila actually backed out of the job as a whole. As our text states, “An agreement is a voluntary exchange of promises between two or more legally competent persons to do, or refrain from doing, an act. An agreement requires a “meeting of the minds” of the parties—that is, their mutual assent to perform current or future contractual duties”(Cheeseny, 2015). In this case an agreement was not made because both...
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...each. Bash Cars plc responded to Al’s letter stating that they accepted his offer but that they would only pay £45 per filter. Al wrote back to Bash Cars plc stating that he would supply the filters but only at the original price of £50. When Al’s letter arrived, the purchasing director of Bash Cars plc did not notice the alteration of the price and ordered the 1,000 filters from Al, which he supplied. Required: Analyse the situation from the perspective of contract law and in particular advise Al what price he is entitled to claim from Bash Cars plc. Sample Answer: Legal issues: invitation to treat, offers, counter offers and breach of contract (must be identidied) An offer is a promise to be bound on particular terms, and it must be capable of acceptance. The person who makes the offer is the offeror; the person who receives the offer is the offeree. The offer sets out the terms upon which the offeror is willing to enter into contractual relations with the offeree. An offer may, through acceptance by the offeree, result in a legally enforceable contract. However, it is important to distinguish what the law will treat as an offer from other statements which will not form the basis of an enforceable contract. The original advertisement in the magazine was not an offer; it was merely an invitation to treat. As such it is not an offer to sell but merely an invitation to others to make offers. The point of this is that the person...
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...SHOULD THE POSTAL RULE BE DISCARDED? The “Postal Rule”, commonly known as the “Mailbox Rule” is a principle of contract law. This rule is different from the others, though, as it forms an exception to the general principles of the communication of acceptance. It originated in the English case of Adams v. Lindsell, in the year 1818. The postal rule in England states that a contractual offer, when sent by post, is considered accepted when it is sent-as opposed to when it is received by the receiving party. In India, though, the specifications of this rule are different. This rule has recently been at the heart of a lot of controversy, as it is believed that its applicability in today’s scenario is questionable and that the rule is archaic in nature. Writing this paper is of importance is because it is essential to understand whether such an exception is still applicable in a scenario wherein the technological advancements complicate our communication systems much more than the law-makers of those times would have deemed possible. Furthermore, this paper is written in the light of a comparative analysis between the contract laws of England and India. England, like India, is a common law country. Since India borrowed a large part of its systems from Britain, the foundations of legal functions in both the nations are very similar, making it is interesting to analyze how and why certain differences came up. In this essay, we first understand the basics of the rule in England, as...
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...attached assignment is my own work. I understand that if I am suspected of plagiarism or another form of cheating, my work will be referred to the Academic Review Committee/Registrar, which may result in me being expelled from the program. | Signature | | Submission Date | 16th December 2009 | EXEMPTION CLAUSES RELATING COMMON LAWNAME: DOAN THAI BAO NGOC (GEM)CLASS: DIP BA/INTAKE 13THSUBJECT: BUSINESS LAWLECTURER: MR. ROBIN PETER LANGE | QUESTION 1 Discussion of Exemption Clauses Relating To The Common Law Common law can be seen as cases between parties who might involve in expressing terms of contract from a party that could be not read by other parties, buying a ticket or negotiating about contractual terms happening anywhere (Leong 1988, pg.291). Also, the contractual terms from the contract negotiated by both parties in common law are defined as exemption clauses. These clauses seek to exclude or limit their liable for breach of contract from a party to others in common law...
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