Premium Essay

Short Note on Contact Law

In: Other Topics

Submitted By krsharma2011
Words 38063
Pages 153
Q. What is a general offer? How is a contract created through general offer? Refer to leading cases.
An offer may be made to the world at large. Such an offer is a general offer. However, a contract is not done with the whole world but only with the person who comes forward and accepts the offer. The acceptance might be express or implied.
As per Anson, "An offer need not be made to an asertained person, but no contract can arise until it is accepted by an ascertained person".

Case of Carllil vs Cabolic Smoke Ball Company.

Creation of the contract - If the person performs the conditions of the offer. Thus, a person who finds a lost dog fulfills the condition of the prize money and thus a contract with the owner of the dog is created.

General Offer of Continuing Nature - Some offers such as finding a lost object close when it is accepted by the first person. However, some offers, such as in the Carllil case, it can be accepted by any number of persons until the closing date of offer or until it is retracted.

Q. Describe the law relating to communication of proposals, their acceptance and their revocation.

Section 2(a) of Indian Contract Act 1972 says that when a person signifies his willingness to do or to abstain from doing something to another, with a view to obtaining the assent of that another, he is said to make a proposal. Further, section 2(b) says that when the person to whom the proposal is made signifies his assent, the proposal is said to be accepted. The important point to note here is that the party making the proposal or the party accepting the proposal must "signify" their willingness or assent to the other party. Thus, a promise cannot come into existence unless the willingness or assent is communicated to the other party. Further, even the revocation, if any, must be communicated to the other party for it to take effect. Therefore,

Similar Documents

Premium Essay

Human Resources

...code: Y/601/0563 QCF level: 4 Credit value: 15 credits Module Tutor: Anila Mushtaq Contact Details: anila.mushtaq@yahoo.co.uk Preferred style of contact: In the first instance, if you have any queries regarding the teaching or assessment for this module, please ask question during the lecture. If you do not receive a satisfactory response then e-mail me with your query for an appointment. Introduction: The aim of this unit is to provide learners with an understanding of aspects of the law of contract and tort and the skill to apply them, particularly in business situations. Unit abstract: The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be covered. Learners will consider when liability in contract arises, the nature of the obligations on both sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance with its terms. Additionally, the unit will enable learners to understand how the law of tort differs from the law of contract and examine issues of liability in negligence relating to business and how to avoid it. Learning outcomes |On successful...

Words: 2001 - Pages: 9

Free Essay

Gravity Equation

...grant SES-1061622 for financial support. I am indebted to Jong Hyun Chung, Stefano Mosso and Adriaan Ten Kate for their research assistance. During the last year, I have received compensation for teaching activities from the Toulouse School of Economics, as well a research grant from the National Science Foundation (SES-1061622), in excess of $10,000. The views expressed herein are those of the author and do not necessarily reflect the views of the National Bureau of Economic Research. NBER working papers are circulated for discussion and comment purposes. They have not been peerreviewed or been subject to the review by the NBER Board of Directors that accompanies official NBER publications. © 2013 by Thomas Chaney. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source. The Gravity Equation in International Trade: An Explanation Thomas Chaney NBER Working Paper No. 19285 August 2013 JEL No. F1 ABSTRACT The gravity equation in international trade is one of the most robust empirical finding in economics: bilateral trade between two countries is proportional to size, measured by GDP, and inversely proportional to the...

Words: 18767 - Pages: 76

Premium Essay

Acct 610

...Your Mid-Term Exam is scheduled for October 23-26.  It will begin at 12:01am on October 23 and will be available until midnight on October 26. Your exam must be complete by midnight on October 26.   When you log onto the exam, you will have 2 hours to complete it.  NOTE:  THE 2-HOUR TIME LIMIT WILL BE STRICTLY ENFORCED.  While there will be a 15-minute grace period, you should take no longer than 2 hours to complete the exam.  If you should experience technical difficulties during the time you are taking the exam, please contact me.  Remember, my philosophy is to be flexible when dealing with technology that is less than 100% reliable. The exam will be open-book, open-note.  The first "question" on the exam, is actually an honor statement that I require you read.  You will be asked to click a box indicating that you have read and understand the honor statement.  You will not be allowed to use the assistance of any human being, whether it be in-person or via technology (in other words, using email, texting, chatting, or other technology-based communication is strictly prohibited.)  The exam will be primarily short answer and multiple choice.  There will be a few questions where you will be required to type in a short narrative answer.  The following outline should be helpful as you prepare for the exam. However, do not assume that the exam material will be restricted to the items mentioned in the outline. Unit 1 Be familiar with the different forms and types of business. Be...

Words: 597 - Pages: 3

Premium Essay

Sarbanes-Oxley

...Your Mid-Term Exam is scheduled for October 23-26.  It will begin at 12:01am on October 23 and will be available until midnight on October 26. Your exam must be complete by midnight on October 26.   When you log onto the exam, you will have 2 hours to complete it.  NOTE:  THE 2-HOUR TIME LIMIT WILL BE STRICTLY ENFORCED.  While there will be a 15-minute grace period, you should take no longer than 2 hours to complete the exam.  If you should experience technical difficulties during the time you are taking the exam, please contact me.  Remember, my philosophy is to be flexible when dealing with technology that is less than 100% reliable. The exam will be open-book, open-note.  The first "question" on the exam, is actually an honor statement that I require you read.  You will be asked to click a box indicating that you have read and understand the honor statement.  You will not be allowed to use the assistance of any human being, whether it be in-person or via technology (in other words, using email, texting, chatting, or other technology-based communication is strictly prohibited.)  The exam will be primarily short answer and multiple choice.  There will be a few questions where you will be required to type in a short narrative answer.  The following outline should be helpful as you prepare for the exam. However, do not assume that the exam material will be restricted to the items mentioned in the outline. Unit 1 Be familiar with the different forms and types of business. Be...

Words: 606 - Pages: 3

Premium Essay

Econ312

...ECON312 Midterm Exam Study Guide YOU MAY WANT TO PRINT THIS GUIDE. 1. The Midterm Exam is open book, open notes. The maximum time that you can spend in the exam is three hours. If you have not clicked the Submit For Grade button by then, you will be automatically exited from the exam. In the exam environment, the Windows clipboard is disabled, and so you still will not be able to copy exam questions or answers to or from other applications. 2. You should click the Save Answers button in the exam frequently. This helps prevent connection timeouts that might occur with certain Internet Service Providers, and also minimizes lost answers in the event of connection problems. If your Internet connection does break, when you reconnect, you will normally be able to get back into your exam without any trouble. Remember, though, that the exam timer continues to run while students are disconnected, so students should try to re-log in as quickly as possible! The Help Desk cannot grant any student additional time on the exam. 3. Midterm Exams are closed end of Week 4. 4. Reminders: * You will only be able to enter your online Exam one time. * Click the Save Answers button often. * If you lose your Internet connection during your Exam, log on again and try to access your Exam. If you are unable to enter the Exam, first contact the Help Desk and then your instructor. * You will always be able to see the time remaining in the Exam at the top right of the page. 5...

Words: 870 - Pages: 4

Free Essay

Fghyj

...Higher Education Commission Short-Term Foreign Faculty Hiring Program (Phase -III) Terms of References Short term hiring program is initiated by Higher Education Commission Islamabad to induct highly qualified research scientist and scholars to provide quality education to the students of Bachelors, Masters and Ph.D. Programmes and to enhance R&D activities in the Universities / Degree Awarding Institutions and affiliated institutions with HEC recognized Educational Institutions. Activities • To establish a long term research collaboration between Pakistani and foreign universities • To assist establishing research centers in various disciplines • Provide training to the faculty members • Guidance to graduate students (PhD, Mphil, MS) in their research • Conducting workshops and seminars on cutting edge technologies • Teach Advance courses at graduate levels Eligibility Criteria for Selection of Visiting Foreign Professor: • Applicant must hold PhD degree in the relevant field from HEC recognized universities/ institutes. • Applicant must commit to come for at least one semester (i.e.3 to 4 ½ months) which will be extendable to another semester only upon the consent of HEC and host institution. • Applications will be facilitated in all disciplines; from any nationality except from Indian or Israel nationality. • Applicant must hold job/ teaching position in foreign institution/ university/ organization and...

Words: 762 - Pages: 4

Premium Essay

Court Visit

... | | |Diversity, Values and Ethics in Public Safety | | Section I: Administrative Information |Course Name (Short): Diversity, Values and Ethics |Credit Value: 3.0 | |Program(s): Police Foundations |Credit Value Notes: | |Program Coordinator(s): Michael Lloyd |Effective Term: Jan 2011 | |Course Leader or Contact: Stephanie Dimech |Prerequisites: None | | |Corequisites: None | | |Equivalents: None | | |Pre/Co/Equiv Notes: | | |...

Words: 1282 - Pages: 6

Premium Essay

Syllabus

...STATE UNIVERSITY OF NEW YORK AT BUFFALO School of Management MGT 401– Public Policy, Law and Management Professor Hibschweiler Semester: Spring 2013 Office: 362 Jacobs Office telephone: 645-3911 Class Sessions: S2T T/Th 9:30 – 10:50 Jacobs 122 S3T T/Th 11 – 12:20 Jacobs 320 Office Hours: Mondays/Wednesdays 10:30 – 12:00 and by appointment. E-mail: ah33@buffalo.edu INTRODUCTION: This course focuses on the regulatory and policy implications of the interaction between government and private business entities, including corporations, partnerships and other business forms. The class is designed to help students understand the legal environment in which business organizations operate. It also will examine the role of ethics in business decision-making and the distinction between ethical and legal constraints. The course will include a discussion of contract law and also specific legislation affecting business and management, including securities regulation and the Sarbanes-Oxley legislation of 2002. Additionally, it will consider other methods by which government regulates business or affects business policy decisions, including by operation of the legal system. REQUIRED TEXT: Beatty, Samuelson, Jennings Legal Environment - University at Buffalo (Cengage Learning 2010). SUPPLEMENTARY MATERIALS: Students will be expected to be conversant on current events germane to topics discussed in this course. It is RECOMMENDED that students subscribe...

Words: 2768 - Pages: 12

Free Essay

Paralegal Studies

...Paralegals engage in substantive legal work, the kind of work that lawyers do with certain limitations and prohibitions. Based on my own personal skills such as filing of small claims, paralegals are engaged in real legal work, provided as paralegals are appropriately supervised, the lawyers for whom paralegals work are able to engage in other legal work. I like litigation practice because paralegals are of service to the clients. Clients will receive a smaller bill when legal assistants are used effectively because the work of legal assistants is billed at a lesser rate than that of lawyers. The use of paralegals allows more members of society to be able to afford legal services, while at the same time allows employing lawyers at private law firms to increase their earnings. Paralegal is a highly demand profession which makes me reflect that litigation practice is a rewarding career. 2. As a paralegal what documents should you attempt to obtain before a lawsuit is filed during the informal fact-gathering stage? What sources are available to you to locate these documents? The attorney’s work product, now called “trial preparation materials.” Trial preparation materials include any “documents and tangible things” that were “prepared in anticipation of litigation” by another party or that party’s “representative.” It is only a “qualified privilege” and based upon a showing of “substantial need.” Discovery should be carried out in the following order: 1. Interrogatories ...

Words: 3519 - Pages: 15

Free Essay

Research

...DEFINITIONS OF RESEARCH Research - noun (\ri-ˈsərch, ˈrē-ˌ\) 1. Careful or diligent search 2. studious inquiry or examination; especially : investigation or experimentation aimed at the discovery and interpretation of facts, revision of accepted theories or laws in the light of new facts, or practical application of such new or revised theories or laws 3. The collecting of information about a particular subject. Source: http://www.merriam-webster.com/dictionary/research Research  The process of gathering information for the purpose of initiating, modifying or terminating a particular investment or group of investments. Source: http://www.investorwords.com/4201/research.html#ixzz2IALgY61p Research 1. A detailed study of a subject, especially in order to discover (new) information or reach a (new) understanding. -- Cambridge Dictionaries Online, © Cambridge University Press 2003. 2. The word "research" is used to describe a number of similar and often overlapping activities involving a search for information. For example, each of the following activities involves such a search; but the differences are significant and worth examining. Source: http://www.webs.uidaho.edu/info_literacy/modules/module2/2_1.htm Research Systematic investigative process employed to increase or revise current knowledge by discovering new facts. It is divided into two general categories: Basic research is inquiry aimed at increasing scientific knowledge, and Applied research is effort...

Words: 3653 - Pages: 15

Premium Essay

Surplus Funds to Riches

...Foreclosures, Tax Sales, Unclaimed Estate Monies, and Bankruptcy Courts. **Please NOTE – the Videos that will help you understand the written information that follows are now all on one page with titles describing what they address. Please be sure to check those videos out at http://www.surplusfundsriches.com/coursevids.htm YOUR BROWSER MUST BE OPEN IN THE BACKGROUND FOR THIS TO WORK! If you’re internet browser is open in the background while you are reading this, you can click the above link and go straight to the page. If not, cut and paste it into your browser. WATCH AT LEAST THE INTRODUCTORY – FIRST – VIDEO PLEASE! Also – if you are going to function as a researcher, using our funding, you are responsible for using this book to get the list of monies held, doing the research as outlined in the pages that follow, and sending that information in. The last part of this portion of the book has the Independent Contractor’s Agreement, the Referral Form and additional information. You do not do the negotiations or contact the individuals if you wish to function in this capacity. Please, before you ask for help on acquiring a list, follow directions to do so with the emails to the bookkeepers. GETTING THE LIST IS PRIORITY – USE THE VIDEO LINK ABOVE TO WATCH VIDEOS, IN ADDITION TO READING THIS BOOK! Finally, I get a lot of calls regarding new statutes/laws passed in each State regarding Finder Laws. You are not a finder. The statutes do NOT apply to the way we do this business. In...

Words: 38118 - Pages: 153

Premium Essay

Law and Speaking

...Confidence: A Primer for Law Students on Preparing and Delivering an Appellate Oral Argument James D. Dimitri1 Virtually all law students are required to learn oral advocacy skills at some point during their legal education. Typically, these skills are cultivated through at least one oral argument assignment, which often consists of an appellate oral argument that is given as part of the students’ first-year legal research and writing course or as part of a moot court competition. While appellate courts do not grant oral argument as often as they used to,2 oral advocacy remains a critical skill for law students to learn and cultivate, no matter which facet of law practice they enter upon graduation.3 Unfortunately, the prospect of learning this critical skill through an oral argument assignment can be disquieting to students. The main reason for this unease is simple: most law students have little to no oral advocacy experience. Students may, however, ease their anxiety and ultimately deliver an excellent oral argument if they fully understand the purposes of the argument and if they thoroughly prepare for the argument. This article is targeted at oral argument novices. It discusses how you, as a beginner to appellate oral argument, may effectively prepare and deliver an argument, particularly if you are Clinical Associate Professor of Law, Indiana University School of Law – Indianapolis; J.D., Summa cum laude, 1993, Valparaiso University School of Law. Professor Dimitri is faculty...

Words: 10851 - Pages: 44

Premium Essay

Acfi 2005 Source Outline

...Coordinator: Paul Docherty CONTENTS 1. Teaching Staff 3 2. Contact Hours and Teaching Methods 3 3. Blackboard 3 4. Student Email 4 GENERAL COURSE INFORMATION 4 5. Brief Course Description 4 6. Assumed Knowledge 4 7. Course Objectives / Learning Outcomes 5 8. Link to Graduate Attributes 5 9. Course Content 5 10. Continuous Course Evaluation and Improvement 6 TEXTBOOKS AND REFERENCES/READINGS 6 11. Textbooks and Readings 6 12. Prescribed Text 6 13. Recommended Texts/Readings 6 TOPIC AND LECTURE OUTLINE 7 14. Course Schedule 7 ASSESSMENT DETAILS AND POLICIES 8 15. Types and Due Dates of Assessment 8 16. Details of Assessment 8 17. Penalties 9 18. Academic Integrity, Plagiarism and Turnitin 9 19. Cover Sheets for Assessment 10 Assessment Grades and Percentages 10 ACADEMIC SKILLS RESOURCES 10 20. Academic Skills Resources 10 UNIVERSITY POLICIES AND GENERAL INFORMATION 11 21. Extension of Time for Assessment Items, Deferred Assessment and Special Consideration 11 22. Students with a Disability or Chronic Illness 12 23. Changing Your Enrolment 12 24. Other Policies Related to Your Enrolment 13 25. Alteration of this Course 13 26. Careers Service 13 FACULTY CONTACTS 13 27. School/Faculty Contact Details 13 APPENDICES 15 STAFF AND COURSE DELIVERY ARRANGEMENTS Teaching Staff...

Words: 4834 - Pages: 20

Premium Essay

Legal

...student will interfere with his or her effective progress. • If the problem is personal and you know the student on other than a professional basis (friend, neighbor, etc.). • If the student is reluctant to discuss his/her problem with you for some reason. • If, after a period of time, you do not believe your communication with a student has been effective Who to Refer? Anyone able to identify situations needing specialized counseling or advising deserves commendation. In addition, referring a student to the office appropriate to the problem demonstrates to the student that you have his or her best interests at heart. How to Make a Referral • The service is free to all students. • Confidentiality, to the limits provided by the law and court is respected. • No record of a student's use of the Counseling Center is made on a transcript, job placement file, or administrative file. • Information cannot be released without the student 's permission (the usual exception being cases of imminent harm and danger to the student or others). A referral process may be made by: * Student (self) * Peer * Teacher * Parent * School Nurse * Administrator * Outside Agencies or Individuals TYPES OF REFERRAL Self...

Words: 632 - Pages: 3

Free Essay

Life Is Great

...Dashain Vacation Home Assignment-2069 Grade XI, Science Note: Home assignments of each subject should be done in different copies/papers. English 1. Write an essay on ‘Dashain and its significance in Hindu Religion’. 2. Prepare a report on ‘Global Warming, its consequences and solutions’. 3. Write an article on ‘Importance of Media’. 4. Write on ‘English for Global education’. Mathematics 1. Find the angle between the pair of straight lines x2 -2secAxy +y2= 0. 2. Evaluate: limx→∞ 3x2-2x+5x3 3. Prove that: A-B=B-A 4. Define lower triangular matrix with an example. 5. Find the equation of circle concentric with the circle x2+ y2 – 6x + 12y + 15 = 0 and having the area twice the area of the given circle. 6. For any two real numbers x and y, prove that |x+y| ≤ |x| + |y|. 7. What do you mean by tautology of compound statement? Give an example of it. 8. For any positive constant ‘a’ and for any real number ‘x’ , prove that |x| < a ⇒ -a < x < a. 10. Prove that the tangent to the circle x2+y2=5 at the point (1,-2) also touches the circle x2 + y2 - 8x + 6y + 20 = 0 and find the point of contact. 11. If P is the length of perpendicular dropped from the origin of the line xa + yb = 1 prove that 1a2 + 1b2 = 1 p2. 12. Find the equation of the circle with centre at (4, -1) and passing through the origin. 13. Evaluate; limx→osin⁡(x-a)x-a 14. Define absolute value of a real number. Rewrite the following relation without using...

Words: 2766 - Pages: 12