promises in ad to pay 100 pounds to any person who contracts flu after using smoke ball. • Carlill (plaintiff) uses ball but contracts flu + relies on ad. Issue: Was there a binding contract between the parties? - A contract requires notification of acceptance – Did Mrs Carlill notify Carbolic of the acceptance of the offer? - Did Mrs Carlill provide consideration in exchange for the 100 pounds reward? Def argument is: There was no binding contract – the words of the ad did not amount to a promise
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whether there is a valid contract or the offer may be terminated. In order to the contract being valid and enforceable, there is a need for the conduct of an offer and an acceptance. Rule For an offer to be valid, it contains some rules, including lapse of time. When an offer is made, it does not last forever. An offer stated to open for a specific period, lapse if the there is no acceptance within that time. If there is no set time for acceptance is stipulated in the offer, the implication of lapse
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Essential Elements of a Contract A contract means a promise enforceable by law. Two or more parties are usually involved in a contract and can seek justice in the court if one party defaults by failing to execute their side of the bargain. Contracts make it possible for people to enter into agreements knowing that justice will prevail. Contracts are vital in everyday life and business since organizations and individuals now have the confidence to transact business with each other knowing that
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Cause by Improper Shipping Documents Case Description: A businessman from India imported some primary products and he wanted to sell the goods to a businessman from Mexico. So the Indian businessman placed his offer with the Mexico businessman, who replied later that he could accept the offer with the requirement that the Indian businessman should provide original certificate. Two weeks later, the Indian businessman received the letter of credit opened by the Mexico businessman. While the Indian businessman
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promises in ad to pay 100 pounds to any person who contracts flu after using smoke ball. • Carlill (plaintiff) uses ball but contracts flu + relies on ad. Issue: Was there a binding contract between the parties? - A contract requires notification of acceptance – Did Mrs Carlill notify Carbolic of the acceptance of the offer? - Did Mrs Carlill provide consideration in exchange for the 100 pounds reward? Def argument is: There was no binding contract – the words of the ad did not amount to a promise
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1.0 Introduction 1.1 Basic Elements of Contract In order to form a valid contract, each agreement must fulfill some important elements which are stated in Section 10 (1) of Contract Act 1950, “All agreements are contract if they are made by the free consent of parties competent to contract, for a lawful object, and are not hereby expressly declared to be void.” This section emphasizes the legal contract, the willingness and the parties capable of contracting and consideration which are all part
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purchase price of the black minibuses for £15,000 by speaking to Cheryl directly. In the meantime, Mohammed has seen the advert for the minibuses and posted his acceptance to buy them for £15,000 to Cheryl. All three parties believe that they have a contract with Cheryl for the sale of the minibuses. Advise Cheryl whether or not she has a contract with any of those three parties. [Overall: an excellent piece of work. You provide an excellent legal analysis in terms of identifying the relevant legal
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concerns the element of agreement required for the formation of a legally enforceable contract between both parties. STEP 2 A legally enforceable contract is made up of three main requirements which are intention, agreement and consideration. All of these elements is necessary and if not established then the contract made would not be acknowledged by the law. The element of agreement to form a legally enforceable contract between both parties is discussed. An agreement is only legally enforceable if
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An offer is a show of willingness to enter into an agreement that involves another person’s acceptance. So an offer, that one accepts becomes an agreement. The offeror is the one who makes the offer and the offeree is the person to whom the offer is made. To be a valid offer (I.e., to constitute an offer), a manifestation of intent to enter into a bargain must have the “3 Cs.” First, the contract must embody a promise, or commitment as opposed to a statement of present intention or preliminary
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Student id: 30308268 contract is basically an understanding between two or more individuals which will be upheld by a court of law. An agreement may be altogether in composing, totally oral or somewhat composed and mostly oral. It just valids in the event that it meets its circumstances . For a consent to be legitimate it must fulfill the seven components. * offer: An agreement exist where an offer has been acknowledged and good consideration is provided.At law, offer may be depicted as the
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