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In conclusion bill can insist on delivery of a new

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In conclusion, Bill can insist on delivery of a new Sirion for $16,500 as he accepted the original offer after making a request for information. His actions implied acceptance.
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Exercise 5.8Communication of acceptance and the postal rule 1) State thei general rule about the requirement for communication of acceptance. 2) In Carlill v Carbolic Smoke Ball Company (1893) 1 QB 256 (Parker and Box pages 81 and 92) did Mrs Carlill need to satisfy the requirement of communication of acceptance? 3) (a) Using your own words, including an explanation of when the postal rule of acceptance will apply and the effect of the rule. The Postal Rule of acceptance is that acceptance by post is legally effective from the moment it is put in the mail. Established in Adams v Lindsell (1818) B & Ald 681,Henthorn v Fraser [1892] 2 Ch 27 (b) Does the postal rule apply to counter-offers or revocations? (Parker & Box, pp103- 5) (c) Which case originally established the rule and which case confirmed its application in Australia? (d) How can the postal rule of acceptance be avoided by parties who rely on the postal service during negotiations? Exercise 6.1 1) Consideration is required in simple contracts but not in formal deeds. Explain this statement (Parker & Box, p117) Formal deeds are rare, and recognizable by the words used in signing clause, namely signed, sealed and delivered. 2) In one or two sentences, define the term ‘consideration’ 3) Complete the following table: Type of consideration Features 1. Present (executed) 2. Future or prospective (executory)
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  3. Past 26 4) List the 6 rules of consideration in the table below. Cite cases in your answer. Rule 1   Parker & Box, p118  necessary in all simple contract Rule 2 Parker & Box, p118- 121 Must be present of future not past(exception service) Rule 3 Parker & Box,p122- 123 Must come from promise but need not revert to promisor Rule 4   Parker & Box, pp123- 125  can be nominal, need not to be adequate Rule 5 Parker & Box,pp125- 126 Must be tangible Rule 6 Parker & Box, pp126- 127     Sufficient in the eye of the law 27 5) Read the cases Stilk v Myrick , Hartley v Ponsonby and Williams v Roffey Bros & Nicholls (Contractors ) (Parker and Box, pages 128-130) and answer the following questions: a) What was the principle that was established in Stilk v Myrick ? If a person is under a contractual duty, anything promised to them is unenforceable if they are still going to carry b) In Stilk v Myrick (above) did the plaintiff provide consideration to the ship’s captain by agreeing to perform his duties under his pre-existing contract? Was this enough for him to ‘buy’ the captain’s new promise for extra wages? c) Why was the outcome in the case of Hartley v Ponsonby and why did the two cases
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differ? Harley was awarded the 40 pounds promised to him as he had already fulfilled his contractual duties and was embarking on a new negotiation, a new contract and new terms. He had given fair consideration to the task.
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