Postal Rule Contract Law

  • Contract Law

    The Dispute between Mr. Richard and Chester’s Fish House Michael Piper In the contract dispute between Mr. Richard and the Chester’s Fish House restaurant, I choose to defend Mr. Richard. The waitress from Chester’s Fish House represents the restaurant. Her actions and remarks are in representation of the restaurant. Nowhere in the menu does it state that the Chester’s Fish Houses secret recipe is one hundred dollars. Nor was there a valid contract to allow for this charge, for the

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  • Contract Common Law

    Rule about Contracts: -common law/UCC uniform commercial code. UCC is for buying and selling goods, common law contract is for everything else, Party, subject matter, price,delivery, payment terms – all neds to be listed in common law Party and subject matter – 2 things for UCC- everything else is filled by the judge based on the reasonableness. Contract is a promise or set of promises for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a

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  • Law of Contract

    According to Section 2(b) Contracts Act, 1950, ‘contract’ can be defined as ‘an agreement enforceable by law. It can be understand that a contract is an agreement which is legally binding between parties. There are 5 basic elements constituting a contract such as offer, acceptance of the offer, intention to create legal relations, consideration, certainty and capacity. Abu who operates small business manufacturing engine oil filters. He placed an advertisement in a car trade magazine stating

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  • Law 531 Contract Creation

    Name LAW/531 - BUSINESS LAW San Bernardino Campus October 04, 2011 Contract Creation and Management Assignment Performance Citizen-Schwarz AG Needs and Risks C-S established zero tolerance in defective product from Span Systems. Reportedly there have been an unacceptable five defects or deliverable. There has been a five day release of software to the public from the scheduled date. C-S can expected the risk of losing

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  • Contract Law

    There are two possible contracts in the story. The first one is between Sue and her 14-year old son. The second issue is between Sue and Vons supermarket. Looking at the first scenario between Sue and her son, it may seem that Sue’s son was on breach of contract for not cutting the grass. Analyzing the issue, we can see that a contract does not exist because the boy is under the age of consent. Since he is between the age of 7 and 14, he is considered a child of tender years, and he is

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  • Rule of Law in Zimbabwe

    The Rule of Law in Zimbabwe Robert Mugabe was elected into power in Zimbabwe in 1980, the year Zimbabwe was granted independence from Britain. “Unfortunately, what has happened since 2001 is a complete collapse of the rule of law, and it simply has been replaced by this dictatorial regime of Robert Mugabe," says Mark Ellis, the executive director of the International Bar Association. Once considered Africa’s most sophisticated and developing legal communities, political turmoil in turn

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  • Casses of Contract Rule

    recent decisions list (http://www.bailii.org/recent-decisions.html) and lists new cases of interest (http://www.bailii.org/cases_of_interest.html). Elements of the law of contract 1 Introduction and general principles 1.3 Method of working Remember that your main objective is to understand the principles that have been laid down in the leading cases and to learn how to apply those principles to a given set of facts. As a rule of thumb, leading cases for this purpose may be defined

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  • Contract Law

    reasonable time, failure of a pre-condition to counter offer amongst others. If an offer is not accepted then there can be no legal contract between both parties An offer may be terminated when reasonable time has lapsed as was in the case of Ramsgate Victoria Hotel v Montefore (1866) where the defendant applied for shares in the hotel company. He heard nothing and then after 5 months he received a letter of acceptance. By this time he had decided that he did not want the shares. The courts held that

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  • Contract Law

    contract is the agreement entered into by two or more persons with the intention of creating a legal obligation or obligations. The validity of the contract of this nature can be ascertained by looking around the terms of the contract and the extent to which they are binding on the individual parties, the actual interpretation of the nature of the contract, whether it was a contract of sale or of exchange and the relative interpretations of similar cases in relent cases, law journals and

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  • Federal Contract Law Overview

    Procurement Law Overview, Part One Procurement and Contract Law Procurement Law Overview, Part One The purpose of this paper is to provide an overview of procurement law. There are three different branches of Government: Legislative, Executive, and Judicial. In the United States, the Office of Federal Procurement Policy (OFPP), the Defense Acquisitions Regulations (DAR) Council, and the Civilian Agency Acquisition (CAA) Council determine federal procurement policies by its legislative

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  • The Postal Rule

    Postal Rule Definition: A rule of contract law that makes an exception to the general rule that an acceptance is only created when communicated directly to the offeror. The postal rule is a concept of contract law that is commonly referred to as the mailbox rule. It was formed at a time when contracting parties did much of their bargaining from a distance. Bargaining at a distance, typically through the mail, created a problem, because the parties could not know at the same time whether they

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  • Postal Rule

    Cork Online Law Review 2007 13 O’Brien, Analysis of the Postal Rule ANALYSIS OF THE POSTAL RULE The Postal Rule Revisited Ronan O’Brien In The Law of Contract,1 Treitel refers to the postal rule as being an arbitrary (based on random choice or personal whim)2 rule. As there are differing views on where acceptance by post should be deemed complete, serious problems can arise for the parties to the contract when a breakdown of postal communication occurs. Three possible solutions to this

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  • Postal Rule

    U.K DEGREE TRANSFER PROGRAMME (LAW) JULY’10 Name | Alexander Richmond Bin MindiongDouglas Lim Teng YangYang Xi | Student I.D | | Submission Date | 20th Sept 2010 | Words Count | 1732 Words | Subject Code | DL2(Law of Contract) | Assignment Question: You are requested to write an assignment on the 'Rationale & relevance of the postal rule of acceptance in the 21st century' by analyzing the possibility of acceptance by post according to the current practice. (You can supply

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  • Law of Contract

    Question 3 It is essential for all parties wishing to enter into written agreements to understand what the meaning of the term contract is and what and what the requirements are for the formation and dissolution of one. A contract is an agreement between at least two parties giving rise to legal obligations within the limits of the law. The rights and obligations arising from a contract entitle parties involved to receive and demand performance and actions are enforceable by law. Rights and

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  • Law Contract

    has been accepted, a contract is formed between the offeror and the person accepting the offer and so the offer cannot be acceptance by anyone else. BEA1003/BEA1003A 9 Contract FORMATION OF CONTRACT THE POSTAL RULE OF ACCEPTANCE: Is an exception to the general rule that acceptance must be communicated and provides acceptance takes place as soon as the letter is posted Adams v Lindsell (1818), even if it never arrives Household Fire Insurance Co v Grant (1879). Can be excluded

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  • Postal Rule

    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

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  • Postal Rule

    The postal rule is a historical ruling, which came about in a time where the main and quickest form of business communication was by post. Through the decades other forms of communication have been invented which are now much speedier – telex, phone , fax and now instant messaging and email. Central requisites to the forming of a contract are those of offer and acceptance. The general rule in law states that acceptance is communicated, and has been received by the offeror . The ruling applies

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  • Contract Law

    & Dockers, Hutton v Warren, Spurling v Bradshaw & Schweppe v Harper 2. Terms implied by Statute: Sale of Goods Act, Supply of Goods Act 3. Terms implied by Common Law: Liverpool CC v Irwin & Scally v Southern Health Board 4. Distinguish between Conditions and Warranties Key Cases: Bettini v Gye & Poussard v Spiers & Pond Exclusion and Limitation Clauses 5. Define an exclusion clause Key Cases: Thompson v LMS (contractual documents), L’Estrange v Graucob (signed contracts

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  • Rule of Law

    Rule of Law Reading. Parpworth, Constitutional and Administrative Law. Pages 42-44 Bradley and Ewing Constitutional and Administrative Law. Pages 89-101 Another cornerstone of the British constitution is the Rule of Law. This principle is developed from the writings of 19th century writer Dicey who stated that there are three (3) elements to this principle; 1. Nobody should be punished by the state if they had not broken the law 2. One law should govern everyone – citizens

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  • Law of Contract

    authority. So by principle judiciary ratifying the legislature is against the principle of democracy. But arriving any such conclusion is not an easy task. There are many a loopholes in such straight forward criticism. Suppose the legislature makes the law which affects the liberty of people and which is a gross violation of human rights. In this case does the judiciary remain silent and follow the rule of law principle even if the law is inhumane? This is a question which has far reaching

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  • Contract Law

    case it would be a voidable contract because the law allows that party to withdraw from the agreement if there is misrepresentation or fraud occurs in the contract. For example, Billy wanted to a refund from the shop owner because he gave wrong information to Billy as the GEZZ watch was made in Switzerland but actually made in China. Elements that take place in this case are offer, acceptance, intention to create legal relation, and consideration. 2.0 Offer According to

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  • Contract Law

    . She call’s Bernie to tell him that she is pulling out the deal. Bernie says he is going to keep the deposit. Vivian sues for her deposit claiming there was no mutuality of consideration for the agreement and the contract was therefore void. ISSUE Under Virginia law is their mutuality of consideration when the seller could back out of the agreement by giving the purchaser her deposit back. Rule |Sayres v. Wheatland Group |L.L.C. | OVERVIEW: Defendants sought to

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  • Law of Contract

    home) 7. A promise to do what one is already bound by law to do is not a consideration – legal/contractual duty. Ex: promise to perform public duty by public servant, compensation promise to appear at a trial to someone who has already received summons 8. It must not be illegal, immoral or opposed to public policy (u/s 23) Stranger to contract can not sue: It is a general rule of law that only parties to a contract may sue and be sued on that contract – doctrine of privity of contract

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  • Contract Law

    belief that performance of a contract includes the executing of every aspect of the contract of which the parties had agreed upon, and if performance of every part of the agreement has not been fulfilled, then the contract has not been fully performed The common law had subsequently recognised some exceptions to the general rule other than that performance of A contract must be exact and complete according to the Terms, with the exceptions being: Substantial performance; Acceptance of

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  • Contract Law

    Contract Law  LAW OF CONTRACT Name: Institution:   A contract can be simply defined as an agreement made by parties that is legally binding by its nature. It can also be defined as legally binding set of promises or promises (Lawrence & Elizabeth, 2007). A breach of any aspects of the agreement or a promise that constitutes a contract will lead to a subsequent remedy from the party that has been accused of the breach. The law of contract as shall be later discussed has

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  • Law Employment Contract Analysis

    Executive Summary This paper is about the concepts behind and an analysis of an employment contract between Sam Marafioti and the Sunnybrook Health Sciences Center. The goal of this paper is to better understand contract law and the legal, ethical and contractual issues that can arise when dealing with an employment contract. The paper begins by explaining the objective of the paper and the used in order to complete the objective. The methodology used is a five step process beginning

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  • Contract Law

    Contract law In Anson’s Law of contract, Beatson define contract as “A legally binding agreement made between two or more persons, by which rights are acquires by one or more to acts or forbearance on the part of the other or others.” The case of Redlox, Bedlox and Orlex comes under the law of contract where the offerors are Redlox and Orlex, and the offerees are Bedlox and Redlox. Acceptance Acceptance of the offer brings it to an end and creates an agreement between the parties. Tieitel

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  • Law of Contract

    mistakes and on both parties are known as mutual mistakes. Emphatically this two may fall under operative mistakes and hence as the exception to the general rule justify will render a contract void even if it has been concluded that is of no legal effects. Similarly one of the reasons why English courts are said to be reluctant to intervene in favor of the mistaken party is that at common law mistakes renders unenforceability of contracts “abinitio”, such an effects results in prejudices to the

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  • Postal Rule

    court held that the defendants had breached the contract by selling the wool to a third party, since the claimants acceptance took effect as soon as it was sent, therefore the contract was binding. The revocation of the offer also did not take effect since it had to be communicated to the offeree. The postal rule was also applied to acceptance by telegram in Cowan v O’Connor where it was held that acceptance came into effect when the telegram was placed with the Post Office. These days, the Post

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  • The Postal Rule

    . There was an example of this where in the high court the judge said basically that the postal rule should not apply to email. So now the postal rule holds very little power due to the very small scope that it still has, but this does not mean that the postal law should be removed from Australian contract law. Even though its scope is now quite small it still does cover an area, which is still occasionally used to create contracts and has not overly been affected by advantages in technology

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  • Contract Law

    Contract [Name of the Writer] [Name of the Institution] Contracts Introduction A contract is a legal agreement between two parties. For a contract to be valid, it must meet all prerequisites of the law, should bind the involved parties, and should be implementable in a legal court. Legal Competency: This means that the contract must be legally recognizable, i.e. both the parties entering into the agreement must have reached legal age (Miller, 2010). 1. Mutual Agreement: Also

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  • Contract Law

    split into three divisions that deal with different branches of civil law: the Queen’s Bench Division, the Chancery Division and the Family Division. The Queen’s Bench Division hears multi-track contract cases that involve large sums of money or complex points of law. It also deals with business matters such as insurance, banking and the meaning of commercial documents. Its Divisional Court also deals with civil appeals from the County Court. The Chancery Division deals with matters of

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  • M2 Contract Law

    access the internet of its settings. Finally, the goods must be of a satisfactory quality; the quality of the mobile phone was not satisfactory as the screen was cracked and the case was damaged. Once any of these terms are breeched the mobile phone company is liable for repair of the breeched contract. What happened with the mobile phone was misrepresentation, this means it is against the law. The goods that where given from the mobile phone company did not match the description given to

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  • Rule of Law

    Cheah Boon Kiat 930228-02-5513 UKT – 02350 / 0414 UKT April Intake 2014 This question requires the discussion of the threats of the rule of and opportunities posed by the rise and fall of the rule of law around the world. As show above, this clearly covers the topic of rule of law in public law. The rule of law is sited by A.V Dicey. According to A.V Dicey, the rule of law is one of the important pillar of the British constitution, with Parliament Sovereignty being the other pillar

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  • Contract Law

    CONTRACT LAW KENNETH D ROBINSON JR BUSINESS LAW 311 GARY GENTRY 9 JUNE 2014 Abstract A Body of law that governs oral and written agreements associated with exchange of goods and services, money, and properties is recognized as contract law. Contract law includes topics such as the nature of contractual obligations, limitation of actions, freedom of contract, privity of contract, termination of contract, and covers also agency relationships, commercial paper, and contracts of

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  • Contract Law

    Mutual Mistakes in Contract Law Caryn Williams Southern New Hampshire Business Law MBA--610-X4247 Geri Drelling July 13, 2014 Mutual Mistakes in Contract Law From a personal perspective, this situation is somewhat close to home. I worked as car sales professional for a year and learned many things about the process. In my opinion, Mr. Hartly should have done a bit more research about the models available. In my experience, the consumers I dealt with were more knowledgeable about the

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  • Contract Law

    Contract law is that body of rules that govern contractual agreements between persons or merchants. A contract is basically an agreement between parties outlining their duties and responsibilities to one another. Contracts can be formed for nearly any type of interaction. Thus, contract laws may address various transactions for the sale of goods and services. Contract laws outline what a person can or cannot include in a contract, and what the remedies are if a party breaches their contractual

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  • Postal

    POSTAL OPERATIONS CONTINGENCY PLAN POST OFFICE KMC APOs 24 Aug 2014 Table of Contents 1.0 INTRODUCTION 3 2.0 PURPOSE 3 3.0 PERSONAL MAIL 3 3.0.1 Finance/R&D 3 3.0.2 PSC 3 3.0.3 Supply 3 3.0.4 Customer Service 3 3.0.5 COPE 3 4.0 OFFICIAL MAIL (OM) 4 5.0 SHARED FUNCTIONS 4 5.0.1 R&D 4 5.0.2 Registered Mail 4 5.0.3 MCA/AMT 4 5.0.4 Directory 4 6.0 RECOVERY PLAN 4 1.0 INTRODUCTION This

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  • Tort and Contract Law

    Tort and contract law are similar in that both involve a breach of duties, and in modern law these duties have blurred and it may not be clear whether an action "sounds in tort or contract". With contract violations, the breach has to do with the duties that have been named in the contract. Tort violations however also involve some sort of breach of duty which can be viewed as the causes of action which are not defined in other areas such as contract or fiduciary law,as in the case of “Donoghue

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  • Postal Rule

    treated as the other forms of instantaneous communication, judge consider that the contract was made where the acceptance was received. In other words, His Honour thought the postal rule should not apply to email. By using His Honour’s logic, the postal rule will also not able to apply to SMS, IM or other modern forms of communications that are instantaneous or is close to it.

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  • Contract Law

    object to the arbitration clause. ISSUE: The first issue is wether, under New York law, the acknowldgement that contains an additional term is binding. The second issue is wether, under New York law, the contract was altered materially making the contract unenforceable. RULES: U.C.C. § 2-207 . Additional Terms in Acceptance or Confirmation. (1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance

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  • Contract Law

    evaluate the deep effect of terms in a contract. It has a huge impact on the contract. As a general rule, the parties to a contract may include in the agreement whatever terms they choose. This is the principle of contract. Terms clearly included in the contract are express terms. The law may complement or replace terms by implying terms into a contract. In a given Scenario only price and model of car is mention not any other express term is mention so implied terms are applied here in a given

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  • Contract Law

    contract, in order to be enforceable, must be a valid. The function of the court is to enforce agreements only if they exist and not to create them through the imposition of such terms as the court considers reasonable. It is the policy of the law to encourage the formation of contracts between competent parties for lawful objectives. As a general rule, contracts by competent persons, equitably made, are valid and enforceable. Parties to a contract are bound by the terms to which they have agreed

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  • Contract Law

    How does the rule of law exist independently from the people who make it, interpret it, and live it? The easiest answer to these questions is that, the rule of law cannot ever be entirely separate from the people who make up our government and our society. On the other hand, due to the increasing amount of terrorism thus national security and changes have to be made for a better equality in the development of law. He argued that rule of law has 3 aspects (3 postulates). Firstly, no man can be

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  • Contract Law

    Student number: 10011749416 Bruce Troy Warren 5 Elizabeth road Ballito 4420 0823530375 Assignment code: l10059182 Subject: Contract Law Section 1 (1) D (2) C (3) D (4) A (5) D (6) C (7) A (8) E (9) A (10) D (11) E (12) A (13) D (14) B (15) E Section 2 A | 5 | B | 8 | C | 7 | D | 9 | E | 2 | F | 10 | G | 6 | H | 1 | I | 3 | J | 4 | Section 3 Question 1 (1) Repudiation or

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  • Contract Law

    Contract Law Knowledge of the basic principles of the law of contract is useful to readers not only for examinations but also in their everyday lives: Most, if not all of us, have entered into contracts at some point of time –we enter into contract when we board a bus, go shopping or go to work. Contracts are an integral part of our daily lives. They are constantly being entered into by individuals with other individuals or business, as well as businesses with other businesses, to sell or

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  • Contract Law

    something for a second party, but is already bound by a contract to do this for a third party, this is good consideration. See: Scotson v Pegg (1861) 6 H & N 295. 8. PART PAYMENT OF A DEBT   THE GENERAL RULE If one person owes a sum of money to another and agrees to pay part of this in full settlement, the rule at common law (the rule in Pinnel's Case (1602) 5 CoRep 117a) is that part-payment of a debt is not good consideration for a promise to forgo the balance. Thus, if A owes B £50 and B

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  • Define the Rule of Law

    1. Define the rule of law. How does the rule of law differ from law as the command of the state? Explain why the rule of law is “an ideal rather than a complete fact.” The rule of law means that people are not arbitrary will of others. The rule of law means that individuals can engage in activities that others might disapprove or frown upon on without any fear of persecution. The rule of law differs in America to a great extend because everyone in society including those with political power

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  • Contract Law

    made by fax, letter or online communication. The fact is the Red Chilli sent e-mails to them, that was asking question and trying to get more details about the goods, but the ABC treated it as an offer. Thus, there is no binding contract beeen Second case First, the key of the second issue is ABC did not agreed the conditional offer. And made a new offer. However Martha cancelled it. The relevant principle of this case is the acceptance of counter offer. A mere request of information would not

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  • Contract Law

    reasonable time, failure of a pre-condition to counter offer amongst others. If an offer is not accepted then there can be no legal contract between both parties An offer may be terminated when reasonable time has lapsed as was in the case of Ramsgate Victoria Hotel v Montefore (1866) where the defendant applied for shares in the hotel company. He heard nothing and then after 5 months he received a letter of acceptance. By this time he had decided that he did not want the shares. The courts

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