Conclusion There is nothing Bernards can do as Alans did not give Bernards any

Conclusion there is nothing bernards can do as alans

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Conclusion There is nothing Bernard’s can do as Alan’s did not give Bernard’s any direct answer or accept Bernard’s offer in the first place. What Bernard’s did was just mailing out the cash and concludes that exchange was made. All this is just one- sided decision made by Bernard’s. However, they can both meet and settle such incident to come out with win-win situations with the help of mediations. Question iii Legal Issue Are there legal binding contracts between Alan’s and Charleen’s regarding the purchasing and selling of textbooks and notes? Legal Capacity Charleen’s doesn’t have legal capacity to enter into a binding contracts with Alan’s as Charleen’s is still minor, purchasing of textbooks and notes is not necessities to her. Intention to Create Legal Relations Both Alan’s and Charleen’s doesn’t have intention to enter into legal relations. 4 | P a g e
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However, there was intentions to enter into social and commercial agreements as both of them are siblings. There was no acceptance of selling the textbooks and notes, as silence does not constitute as acceptance. The case study of Felthouse v Bindley (1862) , Alan’s did not give a direct response to Charleen’s on accepting the offer made by her. Offer Charleen’s made an offer to purchase the textbook’s and notes from Alan’s, cases like this is an invitation treats. Charleen’s agreed to pass Alan’s the cash once she got her allowances on the same day. Alan’s didn’t give Charleen’s any direct respond if he is still selling her the textbook’s and notes, so we couldn’t assume that there is any offers or acceptance made. Acceptance There were no considerations involved in this situations as Alan’s and Charleen’s didn’t agrees on any exchanges terms in regard to the issues. Relevant Rules/Law Case study De Francesco v Barnum (1889) , if contracts is not beneficial to minor, she is not bound to the contracts. Since Charleen’s will be taking her GCE ‘O’ level this year, I believed that purchasing of Alan’s textbook’s and notes is deemed unnecessary for her as the module is not relevant to her “O” level. Applications The fact that Charleen’s will be taking her “O” level this year, by having the “Commercial Law” textbooks and notes is not what she need now as it is not relevant to her current education. If it is just for Charleen’s curiosity, she can actually borrow the textbook’s and notes from Alan’s instead of buying it. As for socials and domestic agreements, there was no intentions to create legal relation because even after suing her own brother Alan’s, it is not a wise choice. Conclusion There was no agreements made during the whole process. Alan’s doesn’t have 5 | P a g e
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intentions to sell Charleen’s the textbooks and notes. Although Charleen’s left the cash on her Alan’s desk, it didn’t state if Alan’s received the money nor passed the textbook’s and notes to Charleen’s as promised in the exchange terms. I would recommend Charleen’s make new agreements with Alan’s by either getting
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  • Fall '16
  • DEANNAMCCAY
  • Law, Assignment, Law

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