Saturday, May 11, 2019
Law of Contract Coursework Example | Topics and Well Written Essays - 2250 words
Law of Contract - Coursework ExampleIn the disposition of contract law, an invitation to strait is defined as follows An invitation to the offer is a pre-determined proposal which is intended to generate an offer from the bidder of goods for a consideration, in order to entrap an agreement. In the case of British Car Auctions v. Wright1, we spate further on a lower floorstand the definition of invitation to offer in the context to the situation at hand There is no offer to sell, but always an offer to debase. From this definition, we can analyse the effect of the email move by Computerland to Cwmfelin University. Applying the definition in the case, the email sent by Computerland was non an offer, since there cannot be an offer to sell, but only an offer to buy. The actions on the relegate of Computerland further describe that it was a pre determined act, which intended to generate an offer from the buyer of the goods, Cwmfelin University in this context. Therefore, it can right away be concluded that the mail sent by Computerland, having the intentions to generate an offer from Cwmfelin, was in position an invitation to offer. The invitation was sent by Computerland, enticing Cwmfelin University to offer them a consideration for the delivery of Computers to the University. The fact that Computerland invited to an offer has now been established as a precedent which shall be followed to solve all the three problems given in Task 1 of the paper. In the first problem, we figure out that Cwmfelin University, after having accepted the offer to invitation from Computerland, offered to buy 50 Avocado machines at the price of 220 Pounds each, which shall be delivered to the University by the 15th September, at the latest. This was the offer make by Cwmfelin University to Computerland. After having received the offer, Computerland replied in this fashion Thank you for your fax, which is receiving attention. An agreement requires two ingredients to be set up in order to be binding on the parties to enter into a contract. These are a) Offer b) acceptation of an Offer An Acceptance to the Offer is defined as follows The act of communicating the offeror, informing him on the acceptation of the offer made by him, in exactly the same way the offer was made, and abiding by the conditions laid out in the offer. Applying the law to the facts, we can infer from the statement made by Computerland does not amount to the acceptance of the offer which was delivered to them. The fact that the offer is still receiving attention implies that the offer is being considered both for a counter offer, for the acceptance of the offer or for the declination of the offer. There is no acceptance at this stage of time, and a decision as to what needs to be done is yet to be taken. Therefore, understanding from the principles of law and facts, it should be assumed that there was no agreement between Computerland and Cwmfelin University. The offer was still und er negotiating terms, and Computerland had not made up its mind on the acceptance of the offer. Finally, Cwmfelin revoked the offer from Computerland, asking them not to shine the computers. However, Computerland, without communicating its acceptance, did deliver the computers. It involves the performance of a contract which did not exist at the stage of unfeigned performance. Cwmfelin University is safe under this situation, and the act of revocation of the offer stands valid, as
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