Essay - Essay-Type questions 1 Offer and Acceptance 1...

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Behavior Modification: Principles and Procedures
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Chapter 23 / Exercise 7
Behavior Modification: Principles and Procedures
Miltenberger
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Essay-Type questions 1. Offer and Acceptance 1. Discuss the continued application of the postal rule in today’s commercial environment, with particular reference as to why new technologies such as email should be considered an instantaneous means of communication when determining whether acceptance has been effectively communicated . (P.7, Pearson) 2. Discuss the problems inherent in the common law rules on offer and acceptance in determining exactly if and when a bilateral contract was formed particularly where commercial parties use their own standard terms . (P.15, Pearson) 3. Examine how the legal distinction between an invitation to treat and an offer has been applied to auction sales and sales by tender, having particular regard to the creation of enforceable collateral contracts . (P.24, Pearson) 4. Discuss the legal definition of a unilateral offer and the potential difficulties arising from the purported revocation of such an offer . (P.32, Pearson) 2. Consideration 1. Consideration is often a mere fiction devised to make a promise enforceable and, as such, serves little purpose. It would be advantageous to abolish consideration and leave the more satisfactory requirement of intention to create legal relations as the test of an agreement’s enforceability. (P.47, Oxford) 2. ‘Consideration must be something “which is of value in the eye of the law”, Lord Thomas, Chappell & Co. v Nestle Co. Ltd. Evaluate what will and will not amount to value to satisfy the legal requirement that a bargain to be enforceable must be supported by sufficient consideration. (P.39, Pearson) 3. To what extent is a creditor who accepts part payment of a debt in fulland final settlement of that amount bound to that promise not to enforce their legal rights to claim the full amount? (P.47, Pearson) 4. Discuss the impact of the decision in Williams v Roffrey Bros & Nicholls (Contractors) Ltdon the doctrine of consideration. (P.56, Pearson) 5. “The doctrine of promissory estoppel can be readily applied to prevent a party to contract from enforcing its strict legal rights.” Explain the extent to which you agree or disagree with this statement. (P.1, notes) 3. Terms of the contract 1. It is illogical and unjust for the law to classify contractual obligations as either conditions or warranties at the time of contract formation as this prevents the remedies for a breach of contract from properly reflecting the actual consequences of that breach. (P.63, Oxford) 2. In contracts for the sale of goods, the development of the statutory implied terms relating to the description, quality and fitness for purpose of the goods sold has reflected changing social needs and recognized the vulnerable position of the consumer buyer . However, the latest amendments to the Sale of Goods Act 1979 (SGA 1979) carry consumer protection to new heights. (P.67, Oxford)
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Behavior Modification: Principles and Procedures
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Chapter 23 / Exercise 7
Behavior Modification: Principles and Procedures
Miltenberger
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