The Effectiveness of Acceptances Communicated by Electronic Means‚ or — Does the Postal Acceptance Rule Apply to Email? Eliza Mik* The ‘traditional’ classification into ‘instantaneous’ and ‘non-instantaneous’ methods of communication must be abandoned. As all Internet transmissions are instantaneous‚ the choice between the principle of receipt and the postal exception must be based on other criteria. The focus must be shifted from communication devices to the characteristics of the communication
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case of Partridge v Crittenden. If Celia’s advertisement was an offer‚ she would be contractually obliged to sell her goods to every customer even if there is no continuity of stock. Hence‚ she is liable for breach of contract if there were more acceptances than she can satisfy as only 5 handbags are up for sale. Furthermore‚ the advertisement does not include further details on the bags and leaves room for negotiation. It states that it is suitable for all tastes and occasion. However‚ Celia cannot
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Research essay Forming a contract there must be six essential elements which are acceptance‚ consideration‚ intention to be legally binding‚ capacity of the contract and finally legality of the promises.1To archive an agreement between the offeror and offeree there is a formula whereby offer+ acceptance=agreement.2An offer has to be created firstly. An offer means the indication by one person to another of his willingness to enter a contract with the other person on curtain terms.3An offer can
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REPORT ON ACCEPTANCE SAMPLING SUBMITTED BY VEENA M ANU SANKAR NK VIPIN R ABSTRACT Acceptance sampling may be applied where large quantizes of similar items or large batches of material being bought or are being bought or are being transferred from one part of organization to another. Unlike statistical process control where the purpose is to check production as it proceeds‚ acceptance sampling is applied to large batches of goods which have already been produced. Acceptance sampling
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Business Law and Ethics Assignment 14/03/2013 Module : 26313 Module leader : Phil Robinson Words count : 1088 In order to advise Neil‚ it is necessary to consider the law of the contracts‚ especially about offer and acceptance. We will analyze the situation to see what laws are applicable and advise Neil. In this case‚ we have three different people: Firstly an offeror‚ a person who makes an offer (in this case‚ Neil) and two offerees‚ the person to whom an offer is made (in this case
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A contract is made by orally‚ by conduct and in writing. It also consists of an agreement‚ consideration and legally binding. There are eight elements of contract law‚ namely offer‚ acceptance‚ consideration‚ capacity‚ legal relations‚ legality and agreement. In this essay‚ I am going discuss the offer and acceptance particularly. Offer In addition‚ an offer is when an offeror(the person who makes the offers) proposes a set of terms to an offeree(the person who accepts the offer). However‚ people
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quiet‚ so i would deem that there was no communication between them which also means there was no acceptance for this sale of property. Additionally‚ between these two parties the offeror and offeree‚ they had not applied the theory of silence to be constructed as acceptance for the dealing of the house. In this case John did not reciprocate towards Adam when he offered the price of 1.8 million‚ acceptance must be communicated ( Entores Ltd v Miles Far East Corp). Since there was no communication between
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The offer and acceptance model is flawed- only an agreement is necessary. In order to fully comprehend this statement‚ we must first establish what constitutes and offer and what constitutes acceptance. “An offer is a statement by one party of willingness to enter into a contract on stated terms‚ provided that these terms are‚ in turn‚ accepted by the party to whom the offer is addressed”. Acceptance is “…an unqualified expression of ascent to the terms proposed by the offeror”. The “Offer and acceptance
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Do the courts always rigorously apply the established rules of offer and acceptance governing the formation of contracts? Put bluntly‚ no‚ the courts do not always rigorously apply the established rules of offer and acceptance governing the formation of contracts. Judgments by Lord Denning in Butler Machine Tool Co Ltd v Ex-Cell-O Corporation Ltd (1979) and Gibson v Manchester City Council (1979) have challenged this ‘mirror image’ approach. Nonetheless‚ these are very much exceptions to the general
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A man once said‚ "Acceptance is not defeat‚ it is understanding." Ernest Hemingway shows this incredibly well in his novella The Old Man and the Sea‚ where an old Cuban fisherman named Santiago suffers from a streak of bad luck. Santiago‚ for the 85th day without a catch‚ catches a marlin which tugs him out to sea for many a days‚ only for his catch to be eaten by sharks on his trip returning home to Havana. He returns‚ exhausted‚ only to find his young companion at his aid‚ which he responds to
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