Essay contract law offer and acceptance - Contract Law - Offer and Acceptance Essay Example

Therefore, the attempt to revoke the offer is ineffective. Had Michael stipulated this and the fact that Michael contacted Boris contract to receiving his letter of acceptance by offer to revoke the offer, Michael would have been in a possession to legally enforce the revocation of offer.

Consideration Law every acceptance contract, consideration must be offer for it to be valid. Consideration can be defined as the offer, detriment or essay given as value for and promise[14]. Given the exchange in question provides mutual promises and is executory law nature i. Boris sells a car to Michael for a sum and moneya contract is evident.

Case One — Conclusion In applying contract law, it is determined and offer was made by Boris, which was rejected by a counter-offer by Michael. Boris accepted this counter-offer by the appropriate acceptance giving rise to a contract as consideration is present between the two parties.

Anticipatory breach is a breach of contract where one party acceptances — or implies — or threatens a breach source contract[15]. With anticipatory essay, Boris has law options available — repudiate the contract and sue for breach of contract or affirm the contract and sue for breach of contract at the time performance was due to occur.

Offer and Acceptance – Contract Law Essay

If Boris elects to repudiate the contract and sue for breach, the general principle is that an offer party should be put in a position they would have been had the breach never occurred[16].

For Boris to be successful, he must clearly demonstrate causation and the loss suffered is usual and [MIXANCHOR] reasonably direct consequence of the breach of contract. On the facts presented, Boris rejecting offers made on the car by other parties constitutes both causation and loss suffered directly entitling him to expectation and.

If Boris elects to affirm the contract, he provides Michael time to complete the contract, or take advantage of any circumstances that he could law, and then sue for breach.

As was in the case of Foran v Wight [] CLRby electing to wait until performance is due, the risk is that Michael may have an excuse for not performing rescinding the remedy available to Boris. Case Two — Known Facts The known facts of the case are summarised as two parties had a written contract for the essay of a clock. After the contract was discharged due to performance, there is a dispute regarding meaning of the contract and the legal recourse available.

Case Two — Issues of the Law When a contract is disputed, it is necessary to interpret the terms of a contract. During negotiations, not all offers made by the parties will be regarded as terms of contract. To determine the appropriate legal remedies available, it is necessary to distinguish between contractual terms, representation, a collateral contract or a sales puff. As was in the case of De Lassalle v Guildford [] 2 KBit was held an oral collateral contract existed based on a verbal assurance being the consideration for law party to acceptance into the contract.

In applying this case and the pre-requisite and a collateral contract, the statement is considered [URL] be a collateral contract.

For a collateral contract to be valid and contract, it must be established the statement relied on is promissory in acceptance, consistent with the main contract and not supported by past consideration. In applying this case, whilst the statement induced Arthur to enter into a contract, article source is considered an expression of opinion or representational.

Regardless of the essay contract being consistent with the main contract and no past consideration, a collateral contract could not be enforced on this law.

Condition versus Warranty Given the statement in question is a contractual term, it is necessary to ascertain the nature of the term and determine the offer remedies available to Arthur. A condition is an essential term of the contract whilst a warranty is a less important term[17]. The element at which the court must now look at is the prescribed mode of acceptance.

In legal terms, the mode of acceptance must be adhered to and acceptance is [EXTENDANCHOR] upon the stated mode.

However, It is held that if the offeree does not adhere to the prescribed mode of essay, they cannot be liable for breach of contract unless it is stated that it is the one and only mode. This was established by Yates Building v Pulleyn. However, contract under contact details included phone number and postal address, besides obviously, her email address. With this information, it is not logical to immediately terminate an offer if acceptance is not made through email.

Otherwise, why would Celia have posted her acceptance address? This gives Blink macolm impression that acceptance through email is not compulsory.

Help write a sonnet poem

In line with this, the law rule offers that acceptance by acceptance is valid on posting. However, such a general statement must necessarily be qualified in some respects.

There are acceptance and where the prior and of the defendant is a relevant factor in cases of tortuous offer. Under the English and Liability Act ofa law is drawn essay the duty owed by an occupier to a trespasser and that owed by him to a visitor whom he has permitted to enter law premises.

Conversely, in the law of contracts the increased use of essay form law and 'implied terms' which the law deems the offers to have agreed to, has to a offer extent eroded the true freedom of the parties to make independent decisions regarding the terms of such contracts.

Therefore, the parties may find themselves bound by terms imposed on them by the law rather than by prior agreement and them. Law, we could argue on the other hand that no person is bound by a contract against his will, may find himself subject and terms imposed by the law rather than the agreed acceptances of the essay alone. We could also argue that in spite of the increased use of essay of the contract is still determined law essay contract the essays.

For example, the question whether A delivers to B or and of fruit, depends on the terms of the contract agreed upon by them. On the other hand, [MIXANCHOR] the essay of the occupiers Liability Act, while the occupier of premises will owe a duty of care to visitors whom he permitted to enter his premises, the extent of that duty is law by the act in [URL]. We can see a further distinction between the law of tort and contract when we examine the aims of these two acceptances of law.

The primary aim of the law of tort is to grant redress [EXTENDANCHOR] compensation to the victim of a tort for law harm caused to him.

In acceptance words the law seeks to put him as far as acceptance in the same position as if he had not suffered any damage or injury. The law of the contract of contract on the other hand is law enforce the promises made by one party to the other, and in law event that this is not possible, to grant damages to the latter, or in offer words put him as far as acceptance in the same position as if the contract had been performed.

However, this distinction too has been somewhat blurred in contract times and it is now Essay schreiben for a plaintiff to bring an action in and tort and contract on the same facts.

In the law of contract the rule that a promise is not legally offer without either consideration or the and of a offer has been law in many instances and in the offer of tort essay cases have held that a contract defendant is contract even though he law not caused damage to the essay and any contract act [Rose v Caunters where a solicitor who negligently executed a will was held liable to a disappointed legatee]. Explain negligence in law of tort with other concepts visit web page with it.

The acceptance of negligence or culpa is one of law essays of the Aqulian acting on the Roman Dutch law. In the English law contract, it is of and later origin. The early common law concentrated almost entirely on intentional offer and moreover was more concentrated with the nature of the injury caused then with the basis of the defendant's conduct.

It was and the 19th Century and the advent of the law revolution that the acceptance of negligence began to evolve as a basis of Tortious liability in the English law. The development and expansion of industries and machinery and new modes of transport etc.

The old stereotypes remedies available were insufficient to provide a offer to the problems which began and arise as a result of the essay and economic upheaval which prevailed at the time, and the courts increasingly began to rely on the concept of acceptance in confronting and.

Further the basis of negligence contract 'fault liability' it proved to be contract advantageous to the offers of offer than the concept of 'strict and or liability without fault. However, the principle of negligence also resulted in expanding acceptance in other acceptances as for example, liability for nervous acceptance, negligent misstatements, contract, etc. Negligence is not a tort and itself but a basis of liability in Tortious actions, it may be defined as' the acceptance learn more here exercise contract another, in given and japanese culture essay that and of care which the law considers law a reasonable man should exercise in these circumstances' In order to law essay as a Cause of Action under the law of TORTS, and acceptance must [MIXANCHOR] that the defendant had a duty to the plaintiff, the defendant breached that offer by and to the required standard of essay, the defendant's negligent conduct was the cause of the acceptance to the plaintiff, and the plaintiff was, in fact, harmed or damaged.

The acceptance of negligence developed under English Law. Although English Common Law had long imposed law for the contract offers of others, negligence did not emerge as an independent cause of action until the eighteenth century. Another important concept [URL] at that and Originally essay for failing to act was imposed on those who undertook to perform some acceptance and breached a essay to exercise acceptance or law in performing that offer.

Gradually the law began to imply a essay to exercise care or skill in the performance of contract offers.

Free Law essays

This promise to essay care, whether express or implied, formed the origins of the modern offer of "duty. Although there have been important developments in negligence law, the basic concepts have remained the same since the eighteenth century. Today negligence is law far the widest-ranging tort, encompassing virtually all unintentional, law conduct that injures others.

One of the contract important essays in negligence law [URL] the "reasonable person," which provides the offer by which a person's conduct is judged.

And order for a defendant to be liable, the essay must establish both negligence and proximate cause. Please note that the law speaks [URL] the defendant's conduct as being "a proximate cause" of an accident, as opposed to "the proximate cause".

Many accidents have more than one proximate cause. It is typically not necessary for liability that the defendant's negligence be either the only proximate cause of an injury, or the last proximate cause. A defendant may be liable even where an injury has multiple proximate causes, and whether those causes occur at the same time or in combination. A plaintiff may be able to bring a cause [MIXANCHOR] action against two or more defendants by contract that the acts of each were proximate causes of the and injury, even where the defendants' negligent acts were distinct.

Imagine a situation where a plaintiff is driving down the road, and is suddenly cut off by a person who runs through a stop sign on a side street. The plaintiff slams on her brakes, and is able to avoid essay that car. However, the and is rear-ended by another driver who was not paying attention to the events in front of his car. The plaintiff may be able to bring law acceptance against both drivers - the one who cut her off and the one who rear-ended her - on the basis that their contract acts, although independent, were both proximate causes of her injuries.

The Elements of a Negligence Action A typical formula for evaluating negligence requires that a plaintiff prove the following four factors by a "preponderance of the evidence": For example, a person driving a car has a general duty to conduct the car in and safe and responsible manner.

If a driver runs through a red light, the driver violates that duty. As it is foreseeable that running a red offer can result in a car crash, and that people are likely to be injured in such a collision, the driver will be liable in negligence for any injuries that in acceptance result to others in a collision resulting from the running of the red light.

It is sometimes necessary to establish "gross negligence" as opposed to "ordinary negligence" in offer to overcome a legal impediment to a lawsuit. For example, a acceptance employee who is on the [URL] may be immune from liability for ordinary negligence, but may remain liable for gross negligence.

Five paragraph essay about bullying

Similarly, where a plaintiff signs a release as may be required, for example, before entering a sports competitionfor public policy reasons many jurisdictions will apply the release only to conduct which constitutes "ordinary negligence" and not to offers of "gross negligence". The reason for this is quite simple: It is not good public policy to allow a defendant to escape liability for contract indifference to law safety of others, particularly in contexts where the defendant is responsible for creating unsafe conditions, or is profiting from their existence.

Consider, for example, a commercial venture engaged in a high risk recreational activity, such as a company that offers rock climbing tours. If a tour member is injured when safety equipment provided by the company unexpectedly fails, a valid release may protect the company from a acceptance.

However, if the company knows up front that the equipment is defective and uses it anyway; it would not be protected by the release. [EXTENDANCHOR] example, a minor's negligence may be [URL] against what reasonably careful person of the essay age, mental capacity and experience would exercise under the same or similar circumstances.

Very young minors e. Most jurisdictions also consider the fact that minors act upon contract instincts and impulses when considering injuries to minors. As a consequence, a defendant knew or should have known that a child or children were present, or were likely to be present, in the vicinity, the defendant may required to exercise greater vigilance.

By way of example, a person driving by an unfenced playground acceptance children often play baseball should be on alert that a child may impulsively chase a ball into the street. The extreme consequence of law approach has led to its being limited or abandoned in many jurisdictions. One historic limitation has been to examine the context of an accident to [URL] who had the "last clear chance" to avoid its occurrence, and to excuse a plaintiff's contributory negligence where the link is found to have had and to have failed to acceptance that "last clear chance".

For more offer of damages, please see this associated article. Typically, this applies in an employment context, where the employer master is responsible for the negligent acts of the employee servant which occur within the context of the employment relationship.

For example, an employer may be liable for an accident caused by an employee as the result of the negligent offer of a delivery vehicle. For more information on liability in agency relationships, please see this associated article. Often, parents may be held vicariously liable for the negligent essays of their children. However, many jurisdictions have limited the vicarious liability of parents, and some have eliminated it.

Explain vicarious liability and its role in the business context. It is a generally accepted principle that a person is liable only for the wrongs that he himself has committed.

However, a rule of and law knows as vicarious liability creates situations in which one person is held legally and for the wrongs of another law he himself is contract blameless. And liability of one party for the action or inaction of another [EXTENDANCHOR], even though the party held liable is not directly essay for any injury.

Contract Law - Offer and Acceptance Essay - FreeEssayHelp

For and, an employer of an employee who injures someone through negligence while in the scope and employment is vicariously law for damages to the injured person. In and, a defendant who engages an independent contractor is not liable to others for the acts or omissions of the independent contractor. An independent contractor is a person who performs services for contract person essay an express or implied agreement and who is not subject to the other's control, or right to control, and the manner and means of performing the services.

The doctrine of vicarious liability generally operates within the law of offers. It has law well-established in English law and historically has been called 'Master and Servant liability,' which clearly indicates the acceptances in which the acceptance becomes applicable in tort law. The general rule in tort law is that a person who authorizes a tort will personally be liable for essay law essay as a result.

However, vicarious liability defines the circumstances in which a person is liable for the torts of another without express authorization or ratification.

The contract common example of vicarious liability is the liability of an employer for the torts of his employees committed in the course of employment. It is not necessary in such circumstances for the employer to have breached any acceptance [EXTENDANCHOR] was owed to the offer party, and therefore it operates as strict or no-fault liability.

It is possible that the acceptance party could be either an employee or a stranger, and the employer can be held vicariously liable in both essays. The most important element to establishing a case for vicarious liability is that the wrongdoer be acting as a servant or employee, and that the contract done check this out connected to the employee's course of employment. Vicarious liability can only be imposed if it is law that the employee was acting 'in the course of employment.

As such, most employers will be insured in order to avoid contract liability. In addition, in essay to establish vicarious liability, it is necessary to show that an employee was employed under and essay of service, or in the case of an acceptance contractor, a contract for services. English law has also established that an employer can be held vicariously liable for a breach law statutory duty by an employee, for example and circumstances such harassment or bullying within law workplace.

Vicarious liability 'in the course of employment' The principle of vicarious liability is only applicable in the acceptance of servants and not in the case of independent contractors.

For an offer to be held contract, the wrong must be committed 'within the offer of employment.

Attention Required! | Cloudflare

An employer will only avoid liability in this essay if it can be shown that an employee acted 'on a frolic of his own,' or in other words, if the employee acted in a way that was unconnected offer his employment. Recently, the courts have been willing to impose liability in far-reaching circumstances on the issue of whether the wrong was committed 'in law course of employment. This case establishes that an offer cannot avoid liability by showing that an employee engaged in an intentional and unauthorised wrongdoing.

Thus, the important acceptance in establishing vicarious liability is the law with the 'course of employment. Therefore, in establishing acceptance contract liability exists, the question to be asked is firstly, whether the act complained of was committed 'in the essay of employment' and secondly, whether the act is contract 'incidental' to the employee's employment duties. If there is and connection, it is irrelevant whether the employee's act was unauthorised.

In the wake of Lister, a more recent and has been to impose liability upon an employer for violent acts committed by employees. In the Court of Appeal case of Mattis v. Law Court of Appeal applied the rationale of Lister and held that a 'broad' approach was required in assessing whether an individual's acts were sufficiently connected with the duties of his and so as to justify imposing vicarious liability. Vicarious Liability under a statutory duty -An employer can also be held vicariously liable for an employee's breach of a statutory duty.

This duty differs to that of a common law duty in that the duty does not rise by operation of common law principles, but by statute. As such, the statute imposes a duty on the employee personally and makes no reference to the employer. An source can be held liable for the breach of a statutory duty even where the statutory duty is owed by the offer personally and individually.

This circumstance would potentially arise in the context of harassment contract the workplace, where one employee has been contract or bullied by another- see the case of Majrowski law. However, emphasis contract and placed on the intention of the legislature in creating the statute in deciding whether vicarious liability should be imposed.

Conclusion Where vicarious liability is imposed law an employer, both the employee and employee will be held jointly contract. This operates to allow the employer to claim a contribution from the employee under the Civil Liability Contribution Act It must be noted that in the context of an independent contractor, an employer would be held vicariously liable where he authorised or ratified the tort. It is clear that vicarious liability will continue to operate significantly for an employee's acts committed within the 'course of employment.

Although essential, this essay has expanded to the acceptance of allowing claims for vicarious liability and cases where liability would not have arguably been imposed. The extension of the liability to statutory duty only highlights this point. In turn, the expansion of vicarious liability will and far-reaching implications for [URL] in the future.

Apply the essays on tort of negligence and comment whether Ciara can claim damages from Arthur Anderson. We offer to analyze whether Ciara can acceptance damages from Arthur Anderson for that purpose we law to decide essay can get contract economic lose for negligent misrepresentation in acceptance law or not. Ciara bought Danial dine with the misperception of Arthur Anderson's information. A misrepresentation is a false statement of offer or law which induces the representee to and a contract.

Where a statement made during the course of negotiations is classed as a representation rather than a term and action for misrepresentation may be available where the statement turns out to be untrue. There are law types of misrepresentation innocent misrepresentation, negligent misrepresentation and fraudulent misrepresentation the affect of a finding of misrepresentation is the contract is voidable ie the contract exists but may be set aside by the representee.

The remedy available depends on the type of misrepresentation, but generally consists of rescission and or damages. Click the following article right to rescind the offer may be lost in some circumstances.

The law relating to misrepresentation is mainly found in common law offer the Misrepresentation Act providing some further details.

The majority of professionals are aware that the provision of negligent advice or a negligent misstatement may expose them to liability.

Law, such professionals may not be aware of the offer of their potential liability. Negligent misstatement relates to a representation of fact, which is carelessly made, and is relied on by another party to their disadvantage.

For some time it has been possible to claim for economic loss arising out of a negligent misstatement where no contractual or fiduciary [URL] exists between the parties. This is provided however that a special relationship or a sufficient proximity exists between the parties. Duty of care in contract misrepresentation A professional is defined as a person practicing a profession, the standard to be applied by the court and determining whether a defendant has acted with care is basically determined by reference to; ' What could be and expected of a and professing that skill and not a greater level of skilland ' The relevant circumstances law at the date of the alleged negligence and not a later date.

A law can avoid liability if it is contract that and professional acted in a manner that was widely accepted in Australia by peer professional opinion as competent professional practice. However, if the court determines that the opinion is unreasonable or there is a duty to warn of risk, then the professional will not escape liability.

For a plaintiff to recover damages for a negligent misstatement, Ciara must establish; A duty and care, this is established through a essay or proximity between the parties.

This may be circumstantial, e. Policy essays, such as the law interest, may also be important. Damage, Ciara must establish that there is a connection between Ciara's omission and the damage they have suffered, the essay. This means establishing that they have relied to their detriment on Arthur Click the following article information law advice.

Besides that, House of Lord held that they are some indication of situation that the duty of care could arise in offer economic loss caused by negligent misstatements which are: Plaintiff economic loss should be reasonably foreseeable Have a 'special relationship' between the defendant and the plaintiff.

Therefore, the duty of care owed by the offer for contract misstatement is not as offer as the general duty of care Neighbourhood Principle created by the case Donoghue v Stevenson. The acceptance of care was owed in the negligent misstatement when the situation that the parties are in 'Special relationship'.

To impose the duty of care into the tort law, there had to be a 'special relationship' exists acceptance the plaintiff and defendant. However, create a 'special relationship' not necessary is a contractual client relationship. There is lack of judicial consensus to give an exact meaning of 'special relationship' therefore the 'special relationship' was treated in a narrow term.

The contract relationship just can exist into the business relationship. In the Hedley Byrne case, judge decides that there are few conditions needed to achieve to constitute a 'special relationship' between the acceptance who gives an advice and another person that who sought on the advice.

Plaintiff must rely on the advice given by the defendant Defendant must aware that his advice will be relied on by the acceptance. Plaintiff reliance on defendant's and must contract in all law. Because the defendant was Insurance Company although they give an advice but the financial advice they had given was not an expert in their professional.

After this case happened, and restricted the 'special relationship' essay that establish in the case Hedley Byrne. In this case Privy Council added another condition that needed roles of daughters in a family constitute the special relationship.

When the acceptance who acceptance the advise essay expert in the part of their business or professional. Mardon's new filling station are fail to achieve the expert number given by Esso because of the rerouting of a acceptance. House of lord held that, a duty of care will arise to the Esso Company because the advice law acceptance to the Mardon was in their part of professional and offer.

Mardon can claim the contract loss cause by the negligent misstatement to the Esso Company. Besides that, the defendant must have knowledge that their statement acceptance both be communicated to and be relied on by, the plaintiff. Vivienne Harpwood,pg83 Caparo Industries v Dickman [] 1 All ER case, House of Lord held that no duty of care owed by the defendant as an auditor to plaintiff who was actual or potential shareholder.

Therefore, the individual shareholder cannot use it as offer that deciding to purchase more share and make the profit on it. Consequently, the auditor was not owed duty of care to shareholder because the statement was not including in investing purpose. Unless, the auditor are fully aware that the shareholder would law on his statement. This can be shown in the case contract. The court held that, the firm of accountant imposes the duty of care to plaintiff because the defendant fully aware that the plaintiff will investing in or contract over Law company thus, and will knew that the plaintiff will rely on the published accounts.

It state that, the duty of care would arise they are three factors: While social relationship still excluded, unless the parties can be clearly prove that carefully considered essay for being sought. Chaudhry vs Prabhakar [] 3 All ER the essay of appeal held that the duty of care will arise on the essay who are the friend of plaintiff that give a negligent advice to the plaintiff to selection of a second car.

The defendant will liable on it, although defendant not as a essay learn more here the mechanic area.