Commercial Law.HTM-18.pdf - COMMERCIAL LAW EGOS GINA LOBITOS CT Number CT0279494 Intake Code PT-Dip ComHTM-18 1 The contract formed when was Alan and

Commercial Law.HTM-18.pdf - COMMERCIAL LAW EGOS GINA...

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Unformatted text preview: COMMERCIAL​ ​LAW EGOS​ ​GINA​ ​LOBITOS CT​ ​Number CT0279494 Intake​ ​Code PT-Dip​ ​ComHTM-18 October​ ​04,​ ​2017 1. The​ ​contract​ ​formed​ ​when​ ​was​ ​Alan​ ​and​ ​Damien​ ​have​ ​agreement To​ ​be​ ​a​ ​legally​ ​binding​ ​a​ ​contract​ ​requires​ ​offer,acceptance,consideration.​ ​Besides for​ ​the​ ​specific​ ​types​ ​of​ ​contract​ ​it​ ​need​ ​not​ ​to​ ​be​ ​in​ ​writing​ ​or​ ​indicate​ ​the​ ​writing. The acceptance can be communicated to the offeror either by words or conduct but usually​ ​not​ ​by​ ​silence. A contract was formed between Alan & Damien on 4th November as although the original offer on Facebook was not made to Damien, it was only made to “All my friends who are students enrolled in or enrolling at Kaplan”. Damien’s message of the 3rd Nov constitutes an offer and Alan communicated his acceptance on 4th Nov by accepting his has and telling him he would deliver the textbook and notes on 7th Nov. In this issues should be apply the case in Felthouse v Bindley (1862),Alan acceptance must be positive and not passive.Alan accept the $200 pay for the commercial law books.Therefore, the offeror cannot impose acceptance merely because the offeree does not reject the offer.In ot er words, the case show demonstrates​ ​that​ ​silence​ ​does​ ​not​ ​constitute​ ​acceptance. 2. ​ ​Bernard’s​ ​legal​ ​position​ ​and​ ​remedies The key points to note is that when Bernard replied to the posting on Facebook that he was keen to buy but would only pay $150 he was making a counter-offer to Alan and became the offeror. As such he is not subsequently able to accept the original offer merely by agreeing to its terms but has to get Alan to make the offer anew. Posting $200 to Alan and then informing him without receiving a reply does not form a contract as contracts can only be accepted by post, he is the offeror, and postal acceptance was at least implicitly implied which is not the case. As Alan was already contracted to Damien at this point it is clear that Damien owns the rights to notes so Alan’s to acceptance of the money and subsequent delivery of the textbook amount to Alan accepting the offer but misrepresenting to Bernard his ability to deliver his side of the consideration. Bernard should be able to sue for misrepresentation and may have the contract invalidate plus receive damages as he was relying on receiving​ ​the​ ​notes​ ​as​ ​part​ ​of​ ​his​ ​study​ ​planning. In this issues must apply the case in Dickinson v Dodds (1876),in the first place Alan already sale his book.Damien is the buyer because Alan accepted the money from Damien​ ​in​ ​the​ ​Campus. 3. ​ ​Charleen’s​ ​legal​ ​position​ ​and​ ​remedies Parties in domestic or social arrangements are generally not assumed to intend legal consequence and the following facts make it even more unlikely a court would rule a contract​ ​had​ ​been​ ​formed:1) Silence cannot be inferred from mere silence save in very exceptional circumstances. 2) In asking to settle the cash on the 6th Nov she was asking Alan to accept a ...
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