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Legally Enforceable Agreement between Two or More Legally...
Contract: –legally enforceable agreement between two or more lagally distinct parties. –Binding and legal agreement between 2 or more parties –Court
must be convinced that failure to comply with an agreement will lead to one of the parties to suffer prejudice. Court will protect innocent party, will
provide remedy –formed when a definite offer is met by unqualified acceptance (Consensus in idem : "Meeting of minds") –Parties have rights and
duties. –Composition: offer + acceptance –can be written, verbal or implied –parties bring consideration to the bargain –formed when offer meets
unqualified acceptance –can be formed verbally (no formality... Show more content on Helpwriting.net ...
or for advert to be an offer it would have to clearly indicate it intends to be bound upon acceptance. Carlill (Black) –Purpose is to invite the other to
make an offer (macqueen) Advertisement: –distinction of offer and invitation to treat –Legal status of advertisement –not to taken seriously unless there
is a clear statement of terms and a member of the public is expected to do something in response –unless the advertisement makes it clear that the
advertiser intend to be bound by acceptance (Gordon) –Adverts are not offers but invitation to treat (mcmillan) Revocation of an offer: – Can be
canceled at any time before it is accepted –Cannot be cancelled if offeror has made an unilateral promise (ie. keep the offer on for a specific amount of
time) –Cannot be voided for mistakes from the offeror –must be expressed/must be communicated –offer can be withdrawn at any time before
acceptance is given Lapse of an offer: – Rejected: other party made a counter–offer (new offer) Acceptance:–Contract has been formed –Expression by
the offeree of his willingness to bind himself legally to a contract by the offeror with the conditions stated in the offer –Must be of a complete
unconditional
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Questions On Marketing Research, Consumer And Service...
Screener Block
1.Thank you for taking the time to give feedback on your experience with us. Your honest opinion is important to us, and we will use the feedback
from this survey as we continue to improve our products and services. This survey will take approximately 5 to 10 minutes to complete, and your
answers will remain confidential and will be used for analysis purposes only.
2.Do you currently use T–Mobile as your wireless service provider?
пЃYes (1)
пЃNo (4) [TERMINATE]
3.Please enter your age in the space below (enter as a whole number). [IF<18, TERMINATE]
4.We want to be sure we talk to many different kinds of people, so would you please indicate if you or anyone in your household works in any of the
following ... Show more content on Helpwriting.net ...
Plus ALL Simple Choice customers get optimized mobile video streaming to enable up to 3 times more data viewing for the same amount of data usage
Music Freedom: Free music streaming from services like Pandora, iHeartRadio, ITunes and Spotify included in your plan
Simple Global: Unlimited data and texting in over 140 countries and destinations for no additional cost
Mobile Without Borders: Unlimited calls and texts to Mexico and Canada are included in your plan, and you can use your 4G LTE data when
visiting Mexico and Canada with no roaming charges
T–Mobile Tuesdays: A customer appreciation program where by using a unique T–Mobile App, you can receive weekly gifts and a chance to win
prizes every Tuesday [IF T–MOBILE TUESDAYS IS SELECTED, SKIP TO the UNAWARE Block.....
Screener Block 2
9.Which of the following best describes your involvement with the T–Mobile Tuesdays program?
a.Have never downloaded the App
b.Have downloaded the App but have never logged into it or used it
c.Have downloaded the App and have used it to check out offers
10.[IF a IS SELECTED IN q9] Why haven't you downloaded the T–Mobile Tuesdays App? [OPEN–END]
[THEN SKIP TO THE END OF THE BLOCK AND BRANCH TO the UNAWARE Block]
11.[IF b OR c WAS SELECTED IN Q9] When did you download the App? Please use your best estimate.
a.Within the past week
b.1–2 weeks ago
c.2–4 weeks ago
d.1–2 months ago
e.2–3 months ago
f.More than 3 months ago
12.What was it
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Offer You Can't Refuse
Case 10–10 An Offer You Can't Refuse Fast Eddie, a publicly held company, manufactures and installs refrigeration systems for governmental and
commercial applications. Fast Eddie is being investigated by a governmental agency for overpricing on government sales during the period from
2007 through 2009 as well as allegations of misrepresentations by one of Fast Eddie's former officers, Sweet Lou. The criminal and civil
investigations began in late 2009. In the prior fiscal year, the company's auditors, CPAs–R–Us, obtained management's representation and a letter from
Fast Eddie's independent legal counsel that indicated that the ultimate outcome of the investigation could not be determined and that any potential
payment for the alleged... Show more content on Helpwriting.net ...
Fast Eddie believes the first paragraph of the settlement offer adequately supports the company's contention that this offer in no way obligates the
company to the government and, therefore, the offer does not indicate that a liability should be accrued. The first paragraph states: Fast Eddie has
offered a one–time payment of $3.7 million as a final settlement of the investigation in process by your department. If this amount is accepted by the
government, it must represent a complete exoneration of all charges against Fast Eddie. The following letter summarizes the company's understanding
of our meeting in April 2011. At that time, you represented that the offer of settlement could not be accepted. Although we understand that the
government does not generally accept offers to settle before finalizing its investigation, we believe it would be in everyone's best interest to put this
matter behind us. We believe that if this case goes to federal court, the company will be able to establish that it has no legal liability for this matter.
However, CPAs–R–Us is concerned that the last paragraph of the settlement offer may indicate that the company fully intended the offer to represent an
amount Fast Eddie was willing to pay to resolve the investigation. The last paragraph states: In conclusion, Fast Eddie believes the government has
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Offer and Acceptance
Without offer and acceptance there can be no contract and so it is essential that the law provides rules to identify what constitutes both an offer and
an acceptance. An offer may be defined as a statement of willingness to contract on specified terms made with the intention that, if accepted, it shall
become a binding contract. An offer may be express or implied from conduct. In many cases it is crucial to determine when and where a contract is
actually formed and this too needs rules. In the vast majority of contracts these rules do not prove difficult to explain or complicated to apply but in
some areas there is confusion. Initially there can be significant problems in identifying what an offer actually is. An offer must be... Show more content
on Helpwriting.net ...
It was held that where a communication arrived but was not seen immediately because it arrived out of office hours, the case established that the
acceptance would take place bearing in mind the intentions of the parties, sounds business practice and where the risk might lie. This is a practical
solution but it does mean that it is likely to be determined on a case by case basis as the factors are likely to change. It is interesting to note that the
above cases deal with telex machines – a now obsolete form of instantaneous communication. There are no authorities dealing with faxes, text
messages, instant messages or email but it is likely that the principle of sound business practice, established in Brinkibon, will continue to guide the
courts. The final area of discussion is that of the the "battle of the forms" – the traditional approach to offer and acceptance is that acceptance will only
work if it exactly matches the offer. This is the so–called "mirror–image" approach. Even the slightest ambiguity in an 'acceptance' can render it
ineffective, as in the case of Gibson v Manchester, where the word "may" proved fatal. This problem becomes apparent when companies negotiate on
their 'standard terms' which may never exactly match. In Butler Machine Tool the court said that the right approach is to pick apart the negotiations
until a matching offer and acceptance is found. If one is
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Advantages And Disadvantages Of Offer
0 Offer An offer is a representation of willingness to contract on certain terms. Offer must be made with an intention and it will become binding
upon acceptance. Some offers anticipate not another promise being returned in exchange, however, the performance of an act or forbearance from
taking action. The person is making an offer is called the offeror, and the person to whom the offer is made. It called offeree. A communication will
be treated as the offer if it stimuli the terms on which the offeror is prepared to make a contract such as the price of goods for sale, and it gives a
clear indication that the offeror intends to be bound by those terms if they are accepted by the offeree. Offeror–Person making the offer – One who
makes an... Show more content on Helpwriting.net ...
If the offer was made to the entire world. If the offer is one that leads to a unilateral contract, the offer generally can't be revoked once the offeree
has begun performance. Termination of an offer remains open until the expiration of its specified time period. If there is don't have the time limit,
until a reasonable time has passed. The reasonable time is determined according to what a reasonable individual would consider enough time to
accept the offer. The death or madness of either party before an acceptance is communicated. The reason is the offer to expire. The contract is
binding if the offer has been accepted, even if one of the parties dies thereafter. The destruction of the subject matter of the contract, conditions that
provide the contract impossible to perform or the supervening illegality of the proposed contact brings about the termination of the offer. When the
offeror either verbally or by handling, clearly demonstrates that the offer is no longer open and the offer is considered cancel or revoke when
learned by the oferee. When the offer is made to the general public. It can be cancel or revoked by providing public notice of its termination in the
same way in which the offer was
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Formal And Acceptance, Bid, Advertising And Public Offer...
Offer and acceptance There are six elements of an enforceable contract and we will discuss one of them which is offer and acceptance. As we
learned in the class offer and acceptance defined as a ' 'proposal made by one party to another party that designates a disposition to enter into a
contract and a designation made by the offeree that he or she concurs to be bound by the terms of the offer ' '. This research, will discuss the
requirement for a valid offer and acceptance, bid, advertising and public offer and termination of an offer. Requirements for a valid offer The first
requirement is definite and certain which mean the offer must specify all the terms of the contract without leaving ambiguous parts in it because if one
of the competent parties misses an important part of the contract there will be later disagreement. The second requirement is offer must be
communicated to the offeree, an offeror has a several ways to make the offeree know the contract it may include oral communication, written
communication, and also implied communication. For example, Ahmed entered the juices store when he frequently purchased fresh mango juice. He
takes the bottle of the juice and showed it to the owner who was busy with other customers at the time the owner nodded her head and smile Ahmed
went out from the store .By the owner action, he made an implied offer with Ahmed. By his action he had accepted the offer and that he would add the
charger for Ahmed purchase on his account to
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Offer and Acceptance
Offer and acceptance | Contract law| Part of the common law series| Contract formation| Offer and acceptance В· Mailbox rule Mirror image rule В·
Invitation to treat Firm offer В· Consideration| Defenses against formation| Lack of capacity Duress В· Undue influence Illusory promise В· Statute of
frauds Non est factum| Contract interpretation| Parol evidence rule Contract of adhesion Integration clause Contra proferentem| Excuses for
non–performance| Mistake В· Misrepresentation Frustration of purpose В· Impossibility Impracticability В· Illegality Unclean hands В·
Unconscionability Accord and satisfaction| Rights of third parties| Privity of contract Assignment В· Delegation Novation В· Third party... Show more
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This can be something as simple as raising an eyebrow or wearing a certain color t–shirt. It can be contrasted with a bilateral contract, where there is an
exchange of promises between two parties. In Australian Woollen Mills Pty Ltd v. The Commonwealth (1954), the High Court of Australia held that,
for a unilateral contract to arise, the promise must be made "in return for" the doing of the act. The court distinguished between a unilateral contract
and a conditional gift. The case is generally seen to demonstrate the connection between the requirements of offer and acceptance, consideration and
intention to create legal relations. Invitations to treat An invitation to treat is not an offer, but an indication of a person 's willingness to negotiate a
contract. In Harvey v. Facey[4], an indication by the owner of property that he or she might be interested in selling at a certain price, for example, has
been regarded as an invitation to treat. Similarly in Gibson v Manchester City Council[5] the words "may be prepared to sell" were held to be a
notification of price and therefore not a distinct offer, though in another case concerning the same change of policy (Manchester City Council
underwent a change of political control and stopped the sale of council houses to their tenants) Storer v. Manchester City Council[6], the court held that
an agreement was completed by the tenant 's signing and returning the
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Job Offer Negotiation
How did you prepare for this negotiation? Why did you prepare in this manner?
A. Identify the issues that you thought were the most important issues to be negotiated, and briefly explain why you thought they were the most
important. In preparation for this negotiation, I studied the case diligently. I wrote down, what I felt were the key issues for Joe Tech. I also made a
list of pros and cons associated with each issue. I prepared in this manner because it gave me the opportunity to effectively break down the issues of
the case as well as focus on important goals without having the extra unneeded information also presented in the case outline. The issues I focused on
are as such:
Position:
The position that I, as Joe Tech,... Show more content on Helpwriting.net ...
The target point for the salary issue I estimated at $88,000 with a resistance point of $88,000 with a $2000 increase after six months. I made this
inference during the negotiation. $88,000 was the initial offer given by Bultema this is why I assume that the offer was the target point. As for the
resistance point, during the negotiation as were talking about the salary, offered me $88,000 with a $2000 increase after six months. Her assertiveness
to not go hire than that offer signaled to me her stake in the offer and to assume that the offer was her resistance point. According to Bultema, the
interest behind this issue was that the salary offered was already higher than what is normally given to an entry level manager straight out of college.
Therefore, to keep moral within the department, Bultema will try to offer the best salary that is closest to the median as possible. The last issues that I
estimated were the incentives. For both the relocation package and signing bonus, I estimated the target point at $0. I estimated the resistance point
$5000. I believe the interest behind this was the same as that for the salary. The department does not want to lose moral by having a person receiving
incentives and salary higher than that of the average number employees in the department.
D. Indicate which party had the most power, and briefly describe/explain how you determined. Going into the negotiation I felt
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Counter Job Offer
Thank you so much for giving me the time to think about the Assistant Director of Admissions counter job offer, the great opportunity and its
responsibility. Taking the time had allowed me to further asses important factors that will ensure the success of my ultimate decision.
I have a huge level of peace in my heart as I accept your job offer. I am confident that the decision will lead both Warner PacificCollege and myself
towards the next level of our purposeful accomplishments. As, I plan my departure from my current employer, restructure my family's setting and
establish a successful foundation with Warner Pacific College, I feel that it is my accountability that I look into the the short–term and long–term of
my obligations in–depth and plan accordingly. ... Show more content on Helpwriting.net ...
If possible, I would love to have a short in–person meeting with you as well, so I can gain a better understanding of your priorities, the daily
operations, and what the departmental goal timelines looks like. So, we can establish a reasonable employment start date and make sure I make all the
necessary adjustments with some of the project that I am working on, my personal commitments, family plans and pre–scheduled
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How Is an Offer Terminated? Please Provide Examples and...
The offer fails to exist when the conditions are not favoured, which will be listed in the following. Lapse of time An offer will lapse and invalid at
the specified time stated in the offer, or for the offer has no time stipulated ,at the end of a reasonable time which depends on the subject matter,
means of communication and other circumstances. In Ramsgate v Montefiore(1866),Montefiore applied for shares in the hotel company. He had not
received any news before he received a letter of acceptance after 5 months. By the time he refused to accept the shares, the hotel claimed him for a
bleach of contract. The court held that the offer to buy the shares had lapsed because of unreasonable delay in accepting. Revocation An offer can be...
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Death of offeree Similar to death of offeror, the death of offeree after the acceptance will bring no effect on the offer itself. Even the offeree died,
if the offer is intended to be accepted by the offeree's son or the offeree, the death does not mean the termination of the offer. In Carter v.
Hyde(1923),Carter allows Hyde chooses to buy some premises in 3 months.When Hyde died, his executors claimed the choice had expired . The
court held that the offer had not ceased after Hyde's death as the choice was not intended to be personal to Hyde and his executors were able to
make the confirmation. Way of acceptance The offeror may specify the acceptance in a particular way, e.g. by postal. Unless offeree stated only the
specify way of the acceptance will be allowed, other faster ways such as fax or email are also feasible. In Manchester Diocesan Council of Education
v Commercial and General Investments Ltd.(1970) . Council claims that whether the letter of 15 September 1964, or 7th of January 1965, is the
acceptance of the tender. The Investments Ltd disagree that the lapse of time between the tender submission and its acceptance (7 January) grounds
the expired offer. The court held that the arranged way of acceptance was not the only possible one, provided the other method was no less
advantageous to the offeror. Condition offer If the offer is bound by a condition and the offer will terminate if the condition
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The Formation Of A Contract Requires Offer And Acceptance
The formation of a contract requires offer and acceptance in order to become legally binding. An offer is an expression of willingness to contract
on specified terms made with the intention that it is to become legally binding as soon as it is accepted by the person to whom it is addressed. The
advert above is a unilateral contract as "one party assumes an obligation under the contract". Consideration is the act of performance in accordance
with the terms of the offer, in this case acceptance would take place once the offeree starts the race. For example, the case of Carlill v Carbolic
Smoke Ball Co [1892] where Mrs Carlill was entitled to the reward as the advert constituted an offer of a unilateral contract. She had accepted by...
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The Borough of Mayfair cannot revoke the offer, as revocation can only be made at any time before acceptance. In addition, withdrawal of an
offer has to be communicated between both parties and in this case withdrawal was not communicated. Nicole was informed of the withdrawal of
the money after acceptance and performing the actions required were completed. Therefore, the contract cannot be terminated. A person cannot
accept an offer of which they are unaware of because in order to create a binding contract, parties must reach an agreement. In this case Sylvie had
no knowledge of the offer and she did not intend to run the race in order to receive any rewards. It can be said that the only intention she had was
to accompany the rest of the competitors. The stages of a formation of a contract were not complete as offer was made to 'anyone', but Sylvie was
not aware of the offer. This restricts the next stages of acceptance and consideration. Therefore, a legally binding contract was not made between the
Borough of Mayfair and Sylvie, due to the missing stages of a formation of a contract. The Taylor v Laird [1856] case illustrates how a claim failed
because one party did not have an offer from the other party to do a different job. This illustrates that a contract requires communication in order for it
to become legally binding. Even though the conditions which were required were performed,
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Offer Analysis
1.
Total Variable cost1.4= Total Cost of Material+ Cost of Labor1.2 +Overhead Expenses for the Product1.3
1.1
Materials used for Production of Hair oil. (Ref Page: 51, Statement of Material Consumed: Raw Material Consumed + Packing Material Consumed.)
Raw material consumption| Qty (Kg's)| Amount| per kg| Refined oil| 2,766,284| 224,903,000| 81| Light liquid paraffin| 10,173,396| 755,341,000| 74|
Perfumes| 286,699| 279,764,000| 976| packaging material – VC| | 677,790,000| |
1.2
Labor Charges from the Wages and Salary Expense: 2657110000 Ref Page: 52, Employee benefit expense: Salaries &amp; Wages)
Therefore Total Labor Charges to include is 0.2*2657110000 =... Show more content on Helpwriting.net ...
2. The order for the shampoo sachets shall be a special order for P&amp;G and therefore they (P&amp;G) shall be willing to be providing the product
at a considerably lower price.
Taking the above two assumptions, and the rough margin estimate of the manufacturer in the body care industry we come to an estimated value of the
Pantene shampoo sachet to be around INR 12.
1.92
The net contribution, (adjusted to the offer) that a single 300ML bottle shall make is therefore Original estimated contribution of 300ML1.9 – Cost of
the Pantene shampoo offered free in the advertisement1.91 = INR 42.04
1.93
Costs here shall be the incremental cost of advertisement (15,00,000).
Thus the break even units shall be:
Incremental cost of the advertisement/ Adjusted Contribution margin1.92 = 35683 units
1.94
Therefore the break even sales value shall be = Total break even units * Selling price of a 300 ml unit
Selling price of a 300ML unit = Selling price of 1 Liter1.7 * (300/1000) = INR 101.4.
Thus break even sales value = INR 3624208.6. 2.
Should the company go ahead with the option of investing INR 15,00,000 on Advertisement:
We think the offer shall definitely help boost the sales of the 300ML units and the company should invest in the advertisement.
We need to consider the sales mix of the SKUs (Ref: Page 31, Saliency of Low unit Selling Price SKUs).
We see that when the 100ML
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Lefkowitz V. Great Minneapolis Surplus Stores
In our daily life, we are actually entered into contracts without knowledge. In simple words, contract is a bargain; in which both parties are expect
to get benefits with consensus ad idem in a legal relation. An offer is a necessary element that must be present for a legally binding contract to take
place. An offer is a clear statement of the terms by which the person making the offer is prepared to be bound. An offer may be conditional. At the
same time an offer conveys to the other party in an invitation to accept and confers on that party the power to bind both parties in contract. A person
who makes an offer submits, in a sense, to the will of the other party because it is the latter who decides whether or not to bring a contract... Show more
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The position is confused in relation to contracts of carriage and contracts for the sale of land. Automatic vending machines apparently make a mute
offer that is accepted by the purchaser inserting money or otherwise activating the machine. Similarly, at automatic car parks the offer is made by the
presence of the machine, which offer is accepted by the customer driving the car to the entrance so as to activate the machine that issues the ticket.
Other 'ticket' cases involve an offer by the customer that is accepted by the issue of a ticket, which itself contains no contractual terms (cinema or
concert) or does contain writing but such writing is not incorporated into the contract; or the ticket itself is the offer that is accepted by the customer
taking it without objecting to any of the terms contained in it. It has been held that an invoice may amount to an offer that is accepted by the sending
of a cheque. These various situations usually raise the question whether displayed or printed terms are part of a contract. So long as they are available
for inspection by the customer before the contract is made, they are part of the
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Offer And Handling Contingencies
13. Negotiating an Offer and Handling Contingencies
There are several different tactics for negotiating an offer on your home and they will depend on whether you're in a buyer's market or a seller's
market. Once you receive an offer, your real estate agent will offer recommendations about how you should proceed.
If the buyer's contract includes contingencies this is where things can get a little tricky. If the contract includes verbiage that asks for repairs, an
inspection contingency, or a contingency to sell their home prior to buying yours, there will be several ways for you to proceed. If the buyer has to
sell their home before closing on yours, you will have to decide whether to accept their offer, not accept it, give the right of first ... Show more content
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Your real estate agent should be able to give you a list of home inspections that are required for your type of home and for your area so you know what
to expect.
16. Final Walk Through
Approximately 24 hours prior to closing, the buyer and the buyer's agent will do a walkthrough of your home to make sure it's in the same condition
as it was when the contract was signed. And to make sure all required repairs have been completed.
17. Closing
On closing day, all closing paperwork will be signed by both parties, the deed will then be filed at the county courthouse, and all bills will be paid such
as agents' commissions, mortgage payoffs (if applicable), and a proceeds check will be disbursed if you are due one after anything you agreed to pay
during the sale is deducted from your proceeds. That is unless your home's proceeds don't pay off your mortgage or the other costs of the
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Offer and Acceptance
Offer and Acceptance (Acquisitions Law) Overview Acquisitions law is the nourishment that keeps commerce flowing for the benefit of all
mankind and a common understanding of what makes an offer and acceptance into a contract is the secret sauce. A contract is an agreement
among two or more parties that creates mutual obligations that are enforceable in a court of law. A valid contract has four basic elements: legality,
mutual consent, capacity, and consideration. Contracts are promises that are enforceable under the laws of the land. Legal remedies are available
for breach of promise or the court may enforce the duty to perform a promise. Contracts are formed when a duty comes into existence because of
promises made. A legally binding contract contains adequate consideration to be exchanged for a promise. Consideration is a reward or a penalty
which induces a party to agree to the promises/in the contract. The heart of the contract is the requirement for mutual consent in the form of the offer
and the acceptance. (LII, 2012) Legality A contract cannot violate public policy and be enforceable. A person cannot enforce a contract if the subject
matter is illegal, For example, a contract for the sale of illegal drugs cannot be enforced. Illegal contracts do not need to be voided by the aggrieved
party; the court will declare that they were not valid from the inception and, therefore, have no legal effect. Similarly, one party using fraudulent
behavior to induce the
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An Evaluation Of The Job Offer
The job offer is a critical element in the recruitment process and must be executed strategically for maximum effectiveness. A mistake in the job offer
stage could result in any number of consequences, including the loss of the best candidate, giving the wrong impression, and even legal ramifications.
Clean Care Care (3Cs) is in a unique situation in the company's history. With low unemployment and a lack of qualified internal candidates, Arlan
Autospritz, the owner, is recruiting a manager outside of the local market and company for the first time. Many elements must be considered in crafting
the job offer to Jane Roberts, the top finalist, including, anticipating a counter offer from her current employer, maintaining goodwill with... Show more
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In Jane's case, there is a significant chance of any one of these obstacles. An initial salary offer of $33,000, along with additional inducements, may be
a good starting point for negotiations. This will provide negotiating room of at least up to $35,000, a 10% jump from her current situation. In this
situation, upfront and honest communication could benefit 3Cs. For example, asking Jane whether she was looking at any other companies or has any
other offers on the table. Upfront communication can work to best align the wants and needs of both company and candidate (Maurer, 2015). The offer
should be clarified as employment–at–will to provide flexibility for both 3Cs and Jane. This is particularly important in this case since Jane is coming
from a different industry and without thorough knowledge of the 3Cs business and culture. Additional Inducements Considering Jane's current
situation, additional inducements may be equally or even more important than the salary, especially during any negotiations. First, it is unlikely that the
health insurance details could be changed for one individual so the salary bump and added inducements must be enough to make up the difference.
Options may include additional vacation, flexible scheduling, a signing bonus, and relocation assistance. Jane should be offered two weeks of vacation
since she is about to earn that at her current
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Job Offers Stereotypes
In the case study of Job Offers Are Won and Lost Based on Interviewers' Perceptions of Responses to the Question "What Are Your Weaknesses"?
The recruiters have several stereotypes that are having an effect on their perceptions of who should to be selected to fill the four open spots. In the
text a stereotype is defined, as "A stereotype is an individual's set of beliefs about the characteristics or attributes of a group" ( Kreitner, R., &
Kinicki, A. (2013)). Stereotypes are something that all people utilize in life to help process information. These can serve us positively or negatively
and they may be accurate or inaccurate. This is a way for us to categorize information so that we can access it more quickly and effectually.
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Happydale Hospital Case Study
Happydale Hospital is committed to identifying, preventing and removing barriers that prevents people with disabilities from accessing our quality
care and services. This includes staff, families, patients, volunteers and members of Happydale's community. Based in Ontario, Happydale Hospital
was founded in 1873 by the Sisters of St. Abase. It provides healthcare services in addition to teaching and research. The mission of Happydale is to
provide high quality comprehensive services including excellent standards of care to the community. Inherent in all decisions is an emphasis on
inclusivity and Individualized Service Plans (Mount Sinai Hospital, 2009). Through these values, Happydale is fostering a culture of respect and
compassion for each of our patients and their families. In fulfilling our mission statement, Happydale Hospital strives to provide accessible care that
respects the dignity and independence of our patients with disabilities. In June 2005 the Ontario government passed the Accessibility for Ontarians
with Disabilities Act (AODA) (World Health Organization, 2018). The goal of this Act is to implement, enforce and develop standards of accessibility
for all Ontarians. Happydale's Accessibility Policy follows the AODA and the Accessibility Standards for Customer Service,
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Current hospital policy strictly prohibits discrimination towards people of disability regardless of context. Staff behavior is bound by an ethics code
associated with each department. Specifically, all caregivers follow moral guidelines to provide equal care to all patients. An investigation concluded
that hospital policy regarding Accessibility must be modified to account for the future needs of the community. This includes policies regarding
patient–nondiscrimination and also hospital Public Relations must be
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Tony Vs Emma
The issue in this question is that if there is a contract between Tony and Emma. A contract is a formal agreement in which the right of party will be
enforce by law. The formation of contract includes formal contract and simple contract. Formal contract has to be valid from its specified form: deed
or under seal also written and signed by parties. Simple contract must be supported by consideration. A valid simple contract includes 3 elements:
agreement, which include an offer and acceptance to hat offer, valid consideration and intention to create legal relation. In this case Tony and Emma
are two parties, no written contract has been made by the two parties. Tues, there is no formal contract. To create simple contract between them, the 3
elements are necessary. An offer is a promise made in return to a promise... Show more content on Helpwriting.net ...
Emma took no response, if she made a valid acceptance to the offer, there would be a valid acceptance. Consideration is necessary in simple contract,
executory and executed consideration is accepted by law. Executory is consist of a promise to do something, and executed consideration takes the form
of performing an act. Past consideration, consideration per–dates the promise, is not accepted by law. In this case, Emma want to buy a television from
Tony. The consideration is a promise to pay a certain amount of money in return of the television or a promise of offer the television in return of a
certain amount of money paid. The consideration took the form of the exchange of promise. It is an executory consideration, which is valid in law.
Parties must have intention to create legal relation to create a legal contract. When the agreement is made between business partners, it is presumed
that the parties are intent to create legal relations. When an agreement is made between family members or social friends, it is presumed as no
intention to create legal relations. Both presumptions could be
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Disadvantages Of Online Shopping Indonesia
Just a few years ago most of us preferred shopping by visiting the local stores or nearby market. They would shop in the stores complete with parking
and weather problems, long lines, and wobbly shopping carts. With the limited options for shopping , they had no other choice but to visit the shopping
store even they had to buy only one product. To avoid the inconvenience and wastage of time, Onlineshopping was introduced in Indonesia where
anyone can shop for his/her favourite product by sitting at home. Although, online shopping was introduced, people still felt uncomfortable using their
credit cards and giving their personal information to cyber–shops but with the time this has been changed. Due to easy payment options, good quality ...
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The main purpose of these Companies is customer satisfaction. To win the heart of its customers, the Companies offer vouchers, coupons and codes
which you can use to buy your favourite product. Getting huge discounts on your purchase will surely motivates you to buy more products online. Out
of wide variety of Companies available online which offers discounts and offers, only some of them are genuine.
If you are living in Indonesia and don't want to spend an extra amount on your purchase then you must buy products by way of Vouchercodes
Indonesia. Voucher Codes will help you shop at discounted rates. You can get all the products by paying less than the listed rates. It is an initiative
taken by the Company to promote online shopping in Indonesia. The company plans innovative and great offers for every customer. Their team tries to
get as authentic codes as possible by contacting all related merchants and from various other relevant sources.
There are many other Online sites which offers products and services at discounted rates. Companies like Groupon and Rakuten are like by every
customer all over the world. The main reason that the customers love shopping from their sites is the amazing discounts and deals which they provide
on their products and
... Get more on HelpWriting.net ...
Attractive Poker Offers
Title: Attractive Poker Bonus Offers: A Must
–Have for Great Sites
Description: Get special poker deals, information about upcoming freeroll tournaments, best poker bonus proposals, including welcome and deposit
bonuses!
Poker Bonus Serves Multiple Purposes
Encouraging is a good stimulation of any activity, poker including. A poker bonus, offered at the right time and in the right website, can make the day
and the future of the beginning player. An attractive welcome poker bonus serves several purposes except for pleasing the user. It gives a possibility
to polish playing skills before diving into a poker–for–real–money world. No feelings and emotions are involved when the bet of the game is just virtual
points. It becomes easier for the players to understand how to play poker online, how to build winning tactics when no real money is at the stake. The
head stays calm and the heart beats steadily.
However, different websites conduct various customer care policy towards fishy players. Some websites divide the bonus into cash and tournament
tickets, with the second part prevailing. Others allow withdrawing bonus in cash if you meet some special requirements. For example, at first, you must
... Show more content on Helpwriting.net ...
Regardless, few of us are informed via a toll–free telephone number, e–mail sustains or just via live chat. As a result, the flaw of the most favorable
offers passes through us staying invisible. Just think about this. How many opportunities we miss? It takes days and weeks to screen the whole
market and highlight the offer you really like. None of the solid players can spend so much time on seeking bonuses, either as fishy players would
better choose to practice in live or online poker rooms instead of turning Internet upside down in order to find the best poker bonus. It is not
... Get more on HelpWriting.net ...
Rules for Offer and Acceptance
Introduction: Rules of Offer and Acceptance are applied to enforce an agreement by the law. This agreement is the first requisite of any contract of
the business. In order to a contract come into being between parties, the offer is made by the offeror and the oferee accept that offer. In 21st century,
there are rapid changes in business trend which create lots of new business model such as e–business and global business. The more business
participates, the more requirements of Offer and Acceptance Rules to adapt to the change. In this essay, we are going to look at the Rules of Offer and
Acceptance, how do they affect business contract and whether these rules make good business sense in 21st century or not. Offer And Acceptance,
How These... Show more content on Helpwriting.net ...
In addition, the revocation do not need to be told by the offeror, it can be informed by a reliable third party. Keenan and Riches also proposed that a
second subsequent offer can revoke the first offer but it must be "sufficiently at odds with the first offer, so that both cannot be accepted"
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Offerer & Acceptance (Law)
Offer and acceptance is one the main 7 essentials to create a legally binding contract since a contract is based on agreement. It is also an essential
for a court to arbitrate problems. An offer is a manifestation (orally, in writing, or by conduct) of willingness to enter into bargain, which justifies
another person's understanding of assent to that bargain is invited and will conclude the transaction. An Offeror is the party who makes the offer. An
offeree is the party who receives the offer and is asked to accept it and thus form a contract. An offer can be either bilateral (made to a specific
person(s)) or unilateral form (made to the whole world). (Frey & Frey, 2001)
An invitation to treat or invitation to chaffer is where a person ... Show more content on Helpwriting.net ...
As Anjali refers to the offer made on the notice board –the notice on the staff notice board said that the car would be sold to the first staff member who
pays the money as she did not come with the money it might make the acceptance invalid.
In Kavitha's case she conveyed her acceptance clearly in verbal form while she arrived with a cheque which she handed over to Manuja therefore as
she has accepted the offer validly and an agreement exists thus Kavitha can sue Manjula for Breach of contract.
The offerors act of withdrawing an offer is referred to as revocation. Unless an offer is irrevocable, the offeror can revoke the offer even if he or she
has promised to keep the offer open (Miller & Jentz, 2010). Revocation of offers should be made the same way offers were made as established in the
case of Shuey v US. Manjula's revocation of the offer fails because an offer cannot be reversed once it has been accepted i.e. in a case like Payne v
Cave the highest bidder could withdraw his bid before the hammer was brought down (before acceptance) but in the case of Bryne v Van Tienhoven
the acceptor could not revoke his offer because he already accepted it. Thus Kavitha will be able to successfully sue for breach of
... Get more on HelpWriting.net ...
Is there a Binding Agreement Between Dr Hu and Amy Pond?
A)Is there a binding agreement between Dr Hu and Riversong Mediquip? Offer For there to be a binding agreement between Dr Hu and Riversong
Mediquip, two factors must be present, these factors are and offer and acceptance. An offer can be defined as a willingness to enter into a bargain
and in doing so does justify another person an understanding that his/her assent is invited and will conclude the bargain. Heydon JA suggested that
an offer must 'take form of a proposal for consideration which gives an offeree an opportunity to choose between acceptance and rejection' .The offer
in this scenario was made by Riversong Mediquip to sell Dr Hu medical equipment as was depicted in a previous correspondence between the parties.
The... Show more content on Helpwriting.net ...
Amy chose to accept the offer emailed to her by Dr Hu, through an accepting email, which although not the prescribed method of acceptance is still
valid. Acceptance Although Amy did not accept the offer from Dr Hu to purchase her medical equipment in the prescribed form of post, her
acceptance is still valid. It was suggested that 'where the offeror has prescribed a particular method of acceptance, but not in terms insisting that
only acceptance in that mode shall be binding, that acceptance communicated to the offeror by any other mode which is no less advantageous to
him will conclude the contract' . Therefore suggesting that even though Amy did not respond via post as was asked by Dr Hu, the wording in Dr
Hu's email said that 'you can respond', can meaning that it was not specified as the only means of accepting the offer, and that other means of
acceptance would be seen to form a binding agreement between the two parties. As Amy's email was in no way less advantageous to Dr Hu it can be
seen as a valid acceptance of the offer that was put to Amy. Amy sent her email of acceptance to the email that she received the email from, which
conforms with Section 13A(a) of the Electronic Transactions Act 2000 (NSW) which states 'the time of receipt of the electronic communication is the
time when the electronic communication becomes capable of being retrieved by the addressee at an electronic address designated by the addressee'
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Premier Auto Case Study
Premier Auto provides a wide variety of services as a local business. They tint windows in automotive applications as well as commercial and
residential. This particular service they offer is very beneficial to potential customers because of the benefits received from window tint. Some of
these benefits include protection from UVA & UVB rays, privacy, and safety protection. The other aspect of the business is used car sales with
available in house financing on most vehicles on the lot. The window tinting section of the business opened in its current location of Albemarle NC in
2006. Previously there were 2 other locations, one being in Concord NC and one in Salisbury NC. With the opening of the Albemarle location, the
company decided to shut... Show more content on Helpwriting.net ...
Another opportunity would be the ability to further expand their business in the window tint division of the business. The new location will give
them more space to have more vehicles on a bigger and better lot. The ability to expand their operation would allow them to take care of a lot of
their own things for their vehicles for sale. The potential to expand window tinting would basically be spreading out and being able to do a lot more
business in the commercial and residential part of the industry. This would mean that they could tint more people's homes and businesses. Currently
they are only able to do these every once in a while due to their busy schedule with auto window
... Get more on HelpWriting.net ...
Recommendation On The Training Offer
Recommendation on the training offer:
Benefits of this training offerDisadvantages of this training offer
Staff become more competent at their jobs
Staff become more flexible
Staff motivation increases
Increased productivity
Changes become easier to introduce
Fewer accidents
The organization's image improves e.g. when dealing with customers
Reduced wasteOnce fully trained, staff may leave for better paid jobs
Financial cost of training may be high
Work time is lost when staff are being trained
Quality of training must be high for it to have a positive effect
Based on the above analysis, I recommend to select / reject this training offer.
Kind regards,
Thien Tuc Nguyen
Assessment Task 3
Part A
To: ling@barklycollege.com
Subject: Discussion of Yuko's case
Dear Ling,
1. Discuss the conflict resolution process that you would use to resolve the workplace situation.
Conflict is a complexion element of human communication. How we control conflict still, is significant. Conflict controlled indisposed can lead to an
extent of adverse result: it can weaken connections, produce and fetch up emphasizes, and clip company productiveness. Conflict controlled well can
conclusion in problems being find solution in a timely and advantageous manner, modernized friendlies between staff and consumers, raise steadily
productiveness and even new methods for doing pursuit.
In this workshop, participators will equip a full of knowledge about:
Differential kind of conflict
Your acknowledgement to
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Is There An Offer?
Is there an offer?
An offer is a clear indication by one person to another person of the offeror's willingness to enter into a contract with the other person (the offeree) on
certain stated terms upon acceptance of the offer by the other person. There is an offer because it is not a statement of intention, mere supplying of
information, invitation to treat or mere puff. The offer was addressed to all Contracts Students.
How many tickets is Ronan liable?
In his first email, Ronan mentioned that he had three tickets and therefore three contracts had arisen from the second he sent the email to the students.
Under s14D of the Electronic Transactions Act 2000 (NSW), Ronan had the right to withdraw the email but he didn't have the right to terminate the
contracts. He should be liable for the third ticket as shown in Patterson v Dolman [1908]. In Patterson, the defendant made three identical offers to two
people and they both accepted the offer but only one received the stack of hay. The plaintiff sued forbreach of contract. The Court held that the
defendant was liable in damages for the breach of contract because he could only perform only one contract when there are 2 contracts.
Ronan made three offers to the students and a number of students responded to him assuming that there were three tickets. However, Ronan can only
perform two of the three contracts. He is therefore liable and may have to pay damages to the third person who is liable for a ticket.
Liam
Liam responded
... Get more on HelpWriting.net ...
Questions On Contract Law Coursework
Chinodebelum Okide STUDENT ID: CONTRACT LAW COURSEWORK INTRODUCTION In order to advise Abigail as to her legal position,
we need to examine whether the elements of the contract are valid. A contract is an agreement between Abigail and all the three parties that are
involved in the case. There are Barney, Cathy and Ernest that are involved in the agreeing to buy the "valuable collection of movie memorabilia"
which is not possible in all cases in the law of contract. This means the agreement must be recognized by the court. This question requires analyzing
the problem scenario from the perspectives of contract law paying attention to the rules relating to invitation to treat, offers, and counter offers. The
scenario involved three distinct cases which should be dealt with separately in applying the following rule of contract law. In spite of its wording the
advert on the website does not constitute a legal offer, it is merely an invitation to treat because Abigail put up an advertisement that stated the movie
memorabilia on offer for 6,000 pounds or near. As such it is not an offer to sell but merely an invitation to others to make offers. The point of this is
that the person extending the invitation is not bound to accept any offers made to them as may be seen in Harris v Nickerson (1873), in which it was
held that the claim must fail as
... Get more on HelpWriting.net ...
Immigrants Offer
What do Immigrants Offer to a Nation?
It is evident that the topic about immigration has been rekindled lately with Trump becoming president of the United States, this led to a polarization of
the country into two sides: one that accepts immigrants into their country and another side that stands behind Trump's point of view about Mexicans
and other immigrants. Immigrants have been a great influence in forming the Unites States' culture, history and economy over the years. In 2015
almost the 20% of the United States population were immigrants from foreign countries (mainly Mexicans and Asians), they have been a really
important piece of the population of the United States in history and thus they have had an important role in what this country has become.
Advanced countries tend to have an image that is seen by people from other countries as a perfect chance to start again in a better place. The main
purpose for immigrants to leave their home country is to pursue a better life, this means that most immigrants move to a posh country in search of
work, money and sometimes to establish a family with better conditions of life. With this said, we come to one of Trump's supporters main point:
immigrants steal americans jobs. This isn't completly true because immigrants can't just "steal" jobs from others. It's not like the job was given to them
for free, they had to work ... Show more content on Helpwriting.net ...
But while the immigration numbers aren't too high, the host country will always have more advantages. Appart from bringing a lucrative advantage,
immigrants also bring new cultures to different countries, this helps to end racism once and for all, to enrichen the knowledge on other cultures and it
helps people to stop being so close minded. So, next time you're going to criticize that asian student for getting good grades, try to improve yourself
and give the best out of you in the name of your
... Get more on HelpWriting.net ...
A Letter Of An Offer
An offer is when a person or company proposes a deal. The offeror is the one who creates the offer, while the offeree is the one whom the offer is
directed towards. Under the common law, there are statements that do not amount to an offer, problems with the definiteness with an offer, the
termination of offers, and the acceptance of offers. Also keep in mind that under the Uniform Commercial Code there are different rules regulating
offers and acceptance with the sale of goods. First, let's define statements that do not amount to an offer. These are invitations to bargain, price
quotes, letters of intent, advertisements, and auctions. Invitations to bargain is when you set the lowest price you are willing to sell a product at
and the other party can negotiate above that. This is not an offer. Price quotas, lists of prices, are also generally not considering an offer, but a
request to receive an offer. A letter of intent summarizes the negotiating process between two parties. Be careful with a letter of intent considering
that if the language claims the parties intended to be bound then the letter will bind the two parties. Advertisements and auctions are similar to price
quotas in the fact that it is merely a request for offers, but is not an offer itself. An offer must also be definite. Offers that are vague or have a
problem with definiteness will not be enforced in court due to a lack of information. Language that should be avoided are statements like "a fair wage,"
... Get more on HelpWriting.net ...
The Open Offer
The Open Offer Sara Grayson Grantham University Professor Heather Douglas The Open Offer In this week's scenario, Jimmy is an art dealer and
merchant. He is beginning to run out of income. Jimmy owns a treasured Van Gogh painting. In order to help himself in his financial crisis, Jimmy
sends a letter to his friend Tommy. The letter simply states that Jimmy remembered a conversation where Tommy had once shown interest in buying
the painting. Jimmy says that he is willing to sell the Van Gogh to Tommy for $500,000. He goes on to say that he will give him one month to accept
the offer. Jimmy signs the letter and puts it in the mail. Tommy receives the letter and is very excited at the prospect of purchasing the painting. Tommy
sends a response... Show more content on Helpwriting.net ...
The term Quantum Meruit is translated from Latin and means "as much as he deserved" (FindLaw, 2016). The court could enforce all or part of a
contract and require a remedy in equity or injunctive relief. This is when the court requires one of the parties to do something. The court could choose
from cancellation that would void the contract or specific performance that would require the party that breaches the contract to perform the contracted
service or produce the goods that were agreed to in the contract. This remedy is usually enforced in a case that the goods or services are unique, and no
other judgement would be sufficient (FindLaw, 2016). In our scenario, Jimmy failed in his duty to sell the painting per the agreement he entered into
with Tommy. Tommy provided consideration in the time allotted to Jimmy per the contract stipulations. Jimmy then sold the painting to another party
for a greater amount than was contracted with Tommy. Tommy must show the court his direct loss resulting from Jimmy's selling of the painting to the
other party. The court could utilize Tommy's expectancy interest by measuring difference–money damages. The court could see what the other buyer
actually paid for the painting above the $500,000 and award that amount to Tommy. The court could also have an expert evaluate the painting and award
... Get more on HelpWriting.net ...
Creative Writing: The Offer
You're by the restroom door, waiting for your sister to come out to accept the offer or not. "You look horrible sis, seriously you should take the
offer." Katie was thinking deeply. Sure there's plenty of free clinics, but she's worried about hidden fees and at the moment she have no money or
choice. "Fine bro, I'll except the offer. I like to get this shit over with and don't have to worry anymore!" She placed her hands on her stomach,
trying to control her nausea. She whispers softly to her self. "Damn.. I hope I'm not pregnant, anyone besides my brother..It will be so awkward if I
am!" You and your sister got dress, and walk to your vehicle and enter. You drove for the next 30 minutes to your friend clinic. You got inside the
building... Show more content on Helpwriting.net ...
"I just want you to do a personal check up on my sister, but inform she's not pregnant." Dr. David reluctantly disagree to not help. Yet he has no
choice but to even the favor. "You know this means I might lose my license right?" There was an experiment he want to get off his chest but
couldn't find any volunteers. "Very well, I'll do it but I have a proposal if you're interested?" You're intrigued what his proposal might be and listen.
"There's an old man who funded my education but never had any children of his own. He passed away and I promise I'll keep his frozen sperm to
find a suitable, attractive, young female ovum fertilize." Now you cross your arms, not very interested in what he has to offer. "Let me get this
straight, you want to use my sister?" Dr. David since your unwillingness and continue to persuade you. "Let me finish man. Yes I couldn't find any
volunteers but here's the good catch. If we can use his sperm to fertilize one of your sisters ovum, there's a deed handed down to me if I accomplish
it. $10 million dollars and I'll gladly split half to you!" Now his offer started interest you. "I think my sister already pregnant, how are we going to get
more ovum to
... Get more on HelpWriting.net ...
Offer and Acceptance
Business Law: Offer and Acceptance. For a simple contract to be valid one party must make an offer and the other party accept it. В‘An offer is
made where a person (the offerer) unequivocally expresses to another (the offeree) his willingness to make a binding agreement on the terms
specified by him if they are accepted by the offeree' (Card 2002). This offer could be made to a specific person, in which case it cannot be accepted
by anyone other than that individual. On the other hand it could be made to a group of people or the whole world! Usually the offer will indicate a
number of things like in which form the acceptance should take, it may also have a time limit for acceptance attached to it. In which case this will be a...
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Now moving on to В‘Acceptance'. The acceptance can be signaled by communication to the offerer or by conduct e.g. a unilateral contract (see
above). A valid acceptance must be a В‘mirror image' of the offer, trying to introduce new terms will be seen as a counter offer and not an
acceptance (Adams, 2003). Unless stated acceptance can be in writing, orally or by conduct. A written acceptance might be made by post; this is
where the Postal Rule comes into play. In English Law it is the usual ruling that acceptance occurs at the moment of posting, not of receipt. This is
because obviously a letter could get lost or delayed in the post. We also run into problems where the offerer posts an acceptance and then changes his
mind and sends a rejection of acceptance by faster post. To avoid this, the offerer may use a clause stating that acceptance by post is not appropriate.
There is a different rule for instantaneous methods of communication. In this case the acceptance doesn't occur when communication is made but when
it is received. In a made up case study Trotter Computers Ltd are manufacturers of computers, they sent a fax to some of their customers stating that
they were selling off surplus stock for ВЈ150 each. Firstly this is an offer not an invitation to treat because it was specifically sent out to a number of
the companies clients so it couldn't be seen by anyone, also it stated in the fax В‘we can offer you a desktop PC of the
... Get more on HelpWriting.net ...
Burrito Swot Analysis
7/11, I have used your store for a quick fix for my lunch for quite a long time. Its a very convinent place to stop by and grab a few items that total
under 5 dollars and then be well on my way, belly full of some 7/11 brand grub. With that said, I have noticed an extreme decline in the quality of
your burittos. Initially all the stores I visited sold 7/11 brand burritos, in multiple sizes/flavors and all of them at a cheap price. HOWEVER, lately
I've been noticing these burritos being phased out and replaced with a Don Miguel brand burrito called "The Bomb". THESE BURRITOS ARE
OF AN EXTREMELY INFERIOR QUALITY AND YOU ALSO CHARGE $1 MORE FOR THEM!!! I'm sorry for the caps but I needed to express
my frustration with this recent change. The quality of these Don Miguel burritos is FAR LOWER than the original 7/11 brand burritos. All the stores
I visited offered two flavors: A chicken variant and a beef variant. The chicken is a disgusting mush loaded that has the odd thread of chicken meat
floating around and doused with spices (the spices are the only thing that make it pallatable). The beef variant is an utter mess.... Show more content on
Helpwriting.net ...
Furthermore the cheese used in the beef burrito is horrible, plasticy, and completely lacking in flavor. I couldn't even finish the beef burrito I
bought. And to make matters even worse, the tortillas used by both burittos are an absolute joke. The dough is awful quality and falls apart the second
you take it out of the microwave. AND I WANT TO REITERATE THAT YOU ARE CHARGING A DOLLAR MORE FOR THESE BURRITOS!!! I
used to be able to go in and get a large 7/11 brand burrito and a bag of chips for $3.22, not it costs me $4.22 for the new brand burrito and 7/11 brand
... Get more on HelpWriting.net ...
The Offer and Acceptance Model Is Flawd- Only an Agreement...
The offer and acceptance model is flawed– only an agreement is necessary. In order to fully comprehend this statement, we must first establish what
constitutes and offer and what constitutes acceptance. "An offer is a statement by one party of willingness to enter into a contract on stated terms,
provided that these terms are, in turn, accepted by the party to whom the offer is addressed". Acceptance is "...an unqualified expression of ascent to
the terms proposed by the offeror". The "Offer and acceptance model" is based on the court's adopt the "mirror image" rule of contractual formation.
Applying the definitions stated above, we can take this to mean that there must be a clear and unequivocal offer which must be matched by an equally...
Show more content on Helpwriting.net ...
It leaves very little room for the complexities that actually exist in the formation of a contract. In some instances the problem in a contract may
now even exist in the area of formation but lies in something deeper, but I digress. This module allows for a clear fixed offer and acceptance to the
terms set out in these instances which, from the cases mentioned, isn't what happens in reality. Sometimes a contract may be specified in both
written and implied terms and the offer and acceptance model doesn't allow for the flexibility of such conditions. In these circumstances, given the
first reason mentioned for the offer and acceptance model, the question arises of whether or not a contract was formed at all and if so, if all the
terms discussed, stated or implied, are a part of this. From the above, it can be said that although the offer and acceptance model provides the
framework in which a contract can be formed, it is not by itself a practical method or mold by which a contract may be formed. Lord Denning holds
the opinion that "...it is a mistake to think that all contracts can be analyzed into the form of offer and acceptance..." He gives his support of the
statement above and echoes these sentiments in the case of Butler v. Ex–Cell–O Corporation (England) Ltd (1979). He believes that the "...better way
is to look at all the documents passing between the parties and glean from them or from the conduct of the
... Get more on HelpWriting.net ...
A Letter Of Intent : An Offer Is When A Person Or Company...
An offer is when a person or company proposes a deal. The offeror is the one who creates the offer, while the offeree is the one whom the offer is
directed towards. Under the common law there are statements that do not amount to an offer, problems with the definiteness in an offer, the
termination of offers, and the acceptance of offers. Also keep in mind that under the Uniform Commercial Code there are different rules regulating
offers and acceptance with the sale of goods. First let's define statements that do not amount to an offer. These are invitations to bargain, price
quotes, letters of intent, advertisements, and auctions. Invitations to bargain is when you set the lowest price you are willing to sell a product at
and the other party can negotiate above that. This is not an offer. Price quotas, lists of prices, are also generally not considering an offer, but a
request to receive an offer. A letter of intent summarizes the negotiating process between two parties. Be careful with letter of intent because if they
language claims the parties intended to be bound then the letter will bind the two parties. Advertisements and auctions are similar to a price quota in
the fact that it is merely a request for offers, but is not an offer itself. An offer must also be definite. Offers that are vague or have a problem with
definiteness will not be enforced in court because of a lack of information. Language that should be avoided are statements like "a fair wage," "a
... Get more on HelpWriting.net ...
Job Offer Sample
I have checked your CV in detail.
Let me guide you a little about myself, my name is Sergey Mikaelian and I am from st. Petersburg Russia. These days we are working with Pakistan
on many projects. Unfortunately right now I am unable to disclose our projects details to you as you can understand the privacy maters etc ...
As you know when any project get started, there are many things to do on the paper. Normally it is called project management that will be your actual
work just to make business on the paper, confused ....! ? Let me clear your mind first
We need people, not only having good writing skills but also possess great vision, unique/up to dated ideas. We will give you work load according to
your capacity so you need not to worry about that , oooh I can't do this , this is not my field, going out of it etc . In your interview we will ask your
favorite areas of work so you can prove your ability in the right direction.
Below I am giving working areas of your job and you can consider any of them as per your interest.
Note. Make sure that all the data provided to us from your end should be unique and must be in your own language, not copied from any website or
etc. In short no plagiarism, for your support initially we will teach you how to write with some great tips
В· Company profile
В· Vision statement
В· Mission statement
В· Articles writing
В· Explain about a country in the given aspects
В·
... Get more on HelpWriting.net ...
Tender Offer Play
In the short play, "Tender Offer" by Wendy Wasserstein, is a drama play about a father and daughter's relationship. Paul is a 35
–year–old businessman,
who puts work before anyone and isn't around much for his daughter Lisa. Lisa is a nine–year–old girl who is all alone in the dance studio after her
father missed her dance recital. Lisa and Paul don't spend enough family time together since he is always too busy with work. This leads to Lisa not
wanting to spend time with him since she feels as though he neglected her. In the beginning of the play there is tension right away when Lisa's father
Paul finally shows up after missing her dance recital. He tries to tell Lisa that he was "sorry he was late" (pg. 816), tries to joke around with her and
be friendly since he missed her dance recital. Even though he is trying to make Lisa feel better, she just isn't falling for it. She feels though that he
neglected her. She is answering him back in short quick one word or two ... Show more content on Helpwriting.net ...
He thought that he could just apologize to her and then everything would be okay. Well boy was he wrong! At first, he doesn't really realize how
much by him missing the dance recital effected Lisa. As the play goes on though, he comes to realize that it really hurt Lisa and had an effect on
her. He thought he could just apologize to her and that everything would work out, but when that didn't work he tried something else. He tried to be
more friendly with her and joke around but that still wasn't doing the trick. He ends up making Lisa a tender offer which leads to him asking Lisa,
"if she'd show him her dance recital" (pg. 821). He ends up dancing the other parts in her dance recital and in the end was able to lighten the mood up
before they went back home. Paul was finally able to realize that he needed to spend more time with his daughter Lisa, so that they could have a better
relationship than what they had
... Get more on HelpWriting.net ...
Does Jerry Foster Deserve The Giraffe Award?
I must decide on which of the cases deserve the giraffe award. The criteria for winning a giraffe award is: the person must be taking a personal risk,
physically, financially or socially. They must act out of care, and they must go beyond their job descriptions or call of duty. There are three cases that I
am judging based on the criteria. Case A, where Betty Washington is trying to makethe streets better and safer from drugs and violence, Case B,
where Jerry Foster is saving people from the mountains to the desert and Case C, where Sister Beth Dadio is feeding the homeless people even when
others try to shut her down.
I believe that Jerry Foster, in Case B, deserves the giraffe award the most. Jerry Foster is a TV helicopter pilot for KPNX
... Get more on HelpWriting.net ...

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Legally Enforceable Agreement Between Two Or More Legally...

  • 1. Legally Enforceable Agreement between Two or More Legally... Contract: –legally enforceable agreement between two or more lagally distinct parties. –Binding and legal agreement between 2 or more parties –Court must be convinced that failure to comply with an agreement will lead to one of the parties to suffer prejudice. Court will protect innocent party, will provide remedy –formed when a definite offer is met by unqualified acceptance (Consensus in idem : "Meeting of minds") –Parties have rights and duties. –Composition: offer + acceptance –can be written, verbal or implied –parties bring consideration to the bargain –formed when offer meets unqualified acceptance –can be formed verbally (no formality... Show more content on Helpwriting.net ... or for advert to be an offer it would have to clearly indicate it intends to be bound upon acceptance. Carlill (Black) –Purpose is to invite the other to make an offer (macqueen) Advertisement: –distinction of offer and invitation to treat –Legal status of advertisement –not to taken seriously unless there is a clear statement of terms and a member of the public is expected to do something in response –unless the advertisement makes it clear that the advertiser intend to be bound by acceptance (Gordon) –Adverts are not offers but invitation to treat (mcmillan) Revocation of an offer: – Can be canceled at any time before it is accepted –Cannot be cancelled if offeror has made an unilateral promise (ie. keep the offer on for a specific amount of time) –Cannot be voided for mistakes from the offeror –must be expressed/must be communicated –offer can be withdrawn at any time before acceptance is given Lapse of an offer: – Rejected: other party made a counter–offer (new offer) Acceptance:–Contract has been formed –Expression by the offeree of his willingness to bind himself legally to a contract by the offeror with the conditions stated in the offer –Must be of a complete unconditional ... Get more on HelpWriting.net ...
  • 2. Questions On Marketing Research, Consumer And Service... Screener Block 1.Thank you for taking the time to give feedback on your experience with us. Your honest opinion is important to us, and we will use the feedback from this survey as we continue to improve our products and services. This survey will take approximately 5 to 10 minutes to complete, and your answers will remain confidential and will be used for analysis purposes only. 2.Do you currently use T–Mobile as your wireless service provider? пЃYes (1) пЃNo (4) [TERMINATE] 3.Please enter your age in the space below (enter as a whole number). [IF<18, TERMINATE] 4.We want to be sure we talk to many different kinds of people, so would you please indicate if you or anyone in your household works in any of the following ... Show more content on Helpwriting.net ... Plus ALL Simple Choice customers get optimized mobile video streaming to enable up to 3 times more data viewing for the same amount of data usage Music Freedom: Free music streaming from services like Pandora, iHeartRadio, ITunes and Spotify included in your plan Simple Global: Unlimited data and texting in over 140 countries and destinations for no additional cost Mobile Without Borders: Unlimited calls and texts to Mexico and Canada are included in your plan, and you can use your 4G LTE data when visiting Mexico and Canada with no roaming charges T–Mobile Tuesdays: A customer appreciation program where by using a unique T–Mobile App, you can receive weekly gifts and a chance to win prizes every Tuesday [IF T–MOBILE TUESDAYS IS SELECTED, SKIP TO the UNAWARE Block..... Screener Block 2 9.Which of the following best describes your involvement with the T–Mobile Tuesdays program? a.Have never downloaded the App b.Have downloaded the App but have never logged into it or used it c.Have downloaded the App and have used it to check out offers
  • 3. 10.[IF a IS SELECTED IN q9] Why haven't you downloaded the T–Mobile Tuesdays App? [OPEN–END] [THEN SKIP TO THE END OF THE BLOCK AND BRANCH TO the UNAWARE Block] 11.[IF b OR c WAS SELECTED IN Q9] When did you download the App? Please use your best estimate. a.Within the past week b.1–2 weeks ago c.2–4 weeks ago d.1–2 months ago e.2–3 months ago f.More than 3 months ago 12.What was it ... Get more on HelpWriting.net ...
  • 4. Offer You Can't Refuse Case 10–10 An Offer You Can't Refuse Fast Eddie, a publicly held company, manufactures and installs refrigeration systems for governmental and commercial applications. Fast Eddie is being investigated by a governmental agency for overpricing on government sales during the period from 2007 through 2009 as well as allegations of misrepresentations by one of Fast Eddie's former officers, Sweet Lou. The criminal and civil investigations began in late 2009. In the prior fiscal year, the company's auditors, CPAs–R–Us, obtained management's representation and a letter from Fast Eddie's independent legal counsel that indicated that the ultimate outcome of the investigation could not be determined and that any potential payment for the alleged... Show more content on Helpwriting.net ... Fast Eddie believes the first paragraph of the settlement offer adequately supports the company's contention that this offer in no way obligates the company to the government and, therefore, the offer does not indicate that a liability should be accrued. The first paragraph states: Fast Eddie has offered a one–time payment of $3.7 million as a final settlement of the investigation in process by your department. If this amount is accepted by the government, it must represent a complete exoneration of all charges against Fast Eddie. The following letter summarizes the company's understanding of our meeting in April 2011. At that time, you represented that the offer of settlement could not be accepted. Although we understand that the government does not generally accept offers to settle before finalizing its investigation, we believe it would be in everyone's best interest to put this matter behind us. We believe that if this case goes to federal court, the company will be able to establish that it has no legal liability for this matter. However, CPAs–R–Us is concerned that the last paragraph of the settlement offer may indicate that the company fully intended the offer to represent an amount Fast Eddie was willing to pay to resolve the investigation. The last paragraph states: In conclusion, Fast Eddie believes the government has ... Get more on HelpWriting.net ...
  • 5. Offer and Acceptance Without offer and acceptance there can be no contract and so it is essential that the law provides rules to identify what constitutes both an offer and an acceptance. An offer may be defined as a statement of willingness to contract on specified terms made with the intention that, if accepted, it shall become a binding contract. An offer may be express or implied from conduct. In many cases it is crucial to determine when and where a contract is actually formed and this too needs rules. In the vast majority of contracts these rules do not prove difficult to explain or complicated to apply but in some areas there is confusion. Initially there can be significant problems in identifying what an offer actually is. An offer must be... Show more content on Helpwriting.net ... It was held that where a communication arrived but was not seen immediately because it arrived out of office hours, the case established that the acceptance would take place bearing in mind the intentions of the parties, sounds business practice and where the risk might lie. This is a practical solution but it does mean that it is likely to be determined on a case by case basis as the factors are likely to change. It is interesting to note that the above cases deal with telex machines – a now obsolete form of instantaneous communication. There are no authorities dealing with faxes, text messages, instant messages or email but it is likely that the principle of sound business practice, established in Brinkibon, will continue to guide the courts. The final area of discussion is that of the the "battle of the forms" – the traditional approach to offer and acceptance is that acceptance will only work if it exactly matches the offer. This is the so–called "mirror–image" approach. Even the slightest ambiguity in an 'acceptance' can render it ineffective, as in the case of Gibson v Manchester, where the word "may" proved fatal. This problem becomes apparent when companies negotiate on their 'standard terms' which may never exactly match. In Butler Machine Tool the court said that the right approach is to pick apart the negotiations until a matching offer and acceptance is found. If one is ... Get more on HelpWriting.net ...
  • 6. Advantages And Disadvantages Of Offer 0 Offer An offer is a representation of willingness to contract on certain terms. Offer must be made with an intention and it will become binding upon acceptance. Some offers anticipate not another promise being returned in exchange, however, the performance of an act or forbearance from taking action. The person is making an offer is called the offeror, and the person to whom the offer is made. It called offeree. A communication will be treated as the offer if it stimuli the terms on which the offeror is prepared to make a contract such as the price of goods for sale, and it gives a clear indication that the offeror intends to be bound by those terms if they are accepted by the offeree. Offeror–Person making the offer – One who makes an... Show more content on Helpwriting.net ... If the offer was made to the entire world. If the offer is one that leads to a unilateral contract, the offer generally can't be revoked once the offeree has begun performance. Termination of an offer remains open until the expiration of its specified time period. If there is don't have the time limit, until a reasonable time has passed. The reasonable time is determined according to what a reasonable individual would consider enough time to accept the offer. The death or madness of either party before an acceptance is communicated. The reason is the offer to expire. The contract is binding if the offer has been accepted, even if one of the parties dies thereafter. The destruction of the subject matter of the contract, conditions that provide the contract impossible to perform or the supervening illegality of the proposed contact brings about the termination of the offer. When the offeror either verbally or by handling, clearly demonstrates that the offer is no longer open and the offer is considered cancel or revoke when learned by the oferee. When the offer is made to the general public. It can be cancel or revoked by providing public notice of its termination in the same way in which the offer was ... Get more on HelpWriting.net ...
  • 7. Formal And Acceptance, Bid, Advertising And Public Offer... Offer and acceptance There are six elements of an enforceable contract and we will discuss one of them which is offer and acceptance. As we learned in the class offer and acceptance defined as a ' 'proposal made by one party to another party that designates a disposition to enter into a contract and a designation made by the offeree that he or she concurs to be bound by the terms of the offer ' '. This research, will discuss the requirement for a valid offer and acceptance, bid, advertising and public offer and termination of an offer. Requirements for a valid offer The first requirement is definite and certain which mean the offer must specify all the terms of the contract without leaving ambiguous parts in it because if one of the competent parties misses an important part of the contract there will be later disagreement. The second requirement is offer must be communicated to the offeree, an offeror has a several ways to make the offeree know the contract it may include oral communication, written communication, and also implied communication. For example, Ahmed entered the juices store when he frequently purchased fresh mango juice. He takes the bottle of the juice and showed it to the owner who was busy with other customers at the time the owner nodded her head and smile Ahmed went out from the store .By the owner action, he made an implied offer with Ahmed. By his action he had accepted the offer and that he would add the charger for Ahmed purchase on his account to ... Get more on HelpWriting.net ...
  • 8. Offer and Acceptance Offer and acceptance | Contract law| Part of the common law series| Contract formation| Offer and acceptance В· Mailbox rule Mirror image rule В· Invitation to treat Firm offer В· Consideration| Defenses against formation| Lack of capacity Duress В· Undue influence Illusory promise В· Statute of frauds Non est factum| Contract interpretation| Parol evidence rule Contract of adhesion Integration clause Contra proferentem| Excuses for non–performance| Mistake В· Misrepresentation Frustration of purpose В· Impossibility Impracticability В· Illegality Unclean hands В· Unconscionability Accord and satisfaction| Rights of third parties| Privity of contract Assignment В· Delegation Novation В· Third party... Show more content on Helpwriting.net ... This can be something as simple as raising an eyebrow or wearing a certain color t–shirt. It can be contrasted with a bilateral contract, where there is an exchange of promises between two parties. In Australian Woollen Mills Pty Ltd v. The Commonwealth (1954), the High Court of Australia held that, for a unilateral contract to arise, the promise must be made "in return for" the doing of the act. The court distinguished between a unilateral contract and a conditional gift. The case is generally seen to demonstrate the connection between the requirements of offer and acceptance, consideration and intention to create legal relations. Invitations to treat An invitation to treat is not an offer, but an indication of a person 's willingness to negotiate a contract. In Harvey v. Facey[4], an indication by the owner of property that he or she might be interested in selling at a certain price, for example, has been regarded as an invitation to treat. Similarly in Gibson v Manchester City Council[5] the words "may be prepared to sell" were held to be a notification of price and therefore not a distinct offer, though in another case concerning the same change of policy (Manchester City Council underwent a change of political control and stopped the sale of council houses to their tenants) Storer v. Manchester City Council[6], the court held that an agreement was completed by the tenant 's signing and returning the ... Get more on HelpWriting.net ...
  • 9. Job Offer Negotiation How did you prepare for this negotiation? Why did you prepare in this manner? A. Identify the issues that you thought were the most important issues to be negotiated, and briefly explain why you thought they were the most important. In preparation for this negotiation, I studied the case diligently. I wrote down, what I felt were the key issues for Joe Tech. I also made a list of pros and cons associated with each issue. I prepared in this manner because it gave me the opportunity to effectively break down the issues of the case as well as focus on important goals without having the extra unneeded information also presented in the case outline. The issues I focused on are as such: Position: The position that I, as Joe Tech,... Show more content on Helpwriting.net ... The target point for the salary issue I estimated at $88,000 with a resistance point of $88,000 with a $2000 increase after six months. I made this inference during the negotiation. $88,000 was the initial offer given by Bultema this is why I assume that the offer was the target point. As for the resistance point, during the negotiation as were talking about the salary, offered me $88,000 with a $2000 increase after six months. Her assertiveness to not go hire than that offer signaled to me her stake in the offer and to assume that the offer was her resistance point. According to Bultema, the interest behind this issue was that the salary offered was already higher than what is normally given to an entry level manager straight out of college. Therefore, to keep moral within the department, Bultema will try to offer the best salary that is closest to the median as possible. The last issues that I estimated were the incentives. For both the relocation package and signing bonus, I estimated the target point at $0. I estimated the resistance point $5000. I believe the interest behind this was the same as that for the salary. The department does not want to lose moral by having a person receiving incentives and salary higher than that of the average number employees in the department. D. Indicate which party had the most power, and briefly describe/explain how you determined. Going into the negotiation I felt ... Get more on HelpWriting.net ...
  • 10. Counter Job Offer Thank you so much for giving me the time to think about the Assistant Director of Admissions counter job offer, the great opportunity and its responsibility. Taking the time had allowed me to further asses important factors that will ensure the success of my ultimate decision. I have a huge level of peace in my heart as I accept your job offer. I am confident that the decision will lead both Warner PacificCollege and myself towards the next level of our purposeful accomplishments. As, I plan my departure from my current employer, restructure my family's setting and establish a successful foundation with Warner Pacific College, I feel that it is my accountability that I look into the the short–term and long–term of my obligations in–depth and plan accordingly. ... Show more content on Helpwriting.net ... If possible, I would love to have a short in–person meeting with you as well, so I can gain a better understanding of your priorities, the daily operations, and what the departmental goal timelines looks like. So, we can establish a reasonable employment start date and make sure I make all the necessary adjustments with some of the project that I am working on, my personal commitments, family plans and pre–scheduled ... Get more on HelpWriting.net ...
  • 11. How Is an Offer Terminated? Please Provide Examples and... The offer fails to exist when the conditions are not favoured, which will be listed in the following. Lapse of time An offer will lapse and invalid at the specified time stated in the offer, or for the offer has no time stipulated ,at the end of a reasonable time which depends on the subject matter, means of communication and other circumstances. In Ramsgate v Montefiore(1866),Montefiore applied for shares in the hotel company. He had not received any news before he received a letter of acceptance after 5 months. By the time he refused to accept the shares, the hotel claimed him for a bleach of contract. The court held that the offer to buy the shares had lapsed because of unreasonable delay in accepting. Revocation An offer can be... Show more content on Helpwriting.net ... Death of offeree Similar to death of offeror, the death of offeree after the acceptance will bring no effect on the offer itself. Even the offeree died, if the offer is intended to be accepted by the offeree's son or the offeree, the death does not mean the termination of the offer. In Carter v. Hyde(1923),Carter allows Hyde chooses to buy some premises in 3 months.When Hyde died, his executors claimed the choice had expired . The court held that the offer had not ceased after Hyde's death as the choice was not intended to be personal to Hyde and his executors were able to make the confirmation. Way of acceptance The offeror may specify the acceptance in a particular way, e.g. by postal. Unless offeree stated only the specify way of the acceptance will be allowed, other faster ways such as fax or email are also feasible. In Manchester Diocesan Council of Education v Commercial and General Investments Ltd.(1970) . Council claims that whether the letter of 15 September 1964, or 7th of January 1965, is the acceptance of the tender. The Investments Ltd disagree that the lapse of time between the tender submission and its acceptance (7 January) grounds the expired offer. The court held that the arranged way of acceptance was not the only possible one, provided the other method was no less advantageous to the offeror. Condition offer If the offer is bound by a condition and the offer will terminate if the condition ... Get more on HelpWriting.net ...
  • 12. The Formation Of A Contract Requires Offer And Acceptance The formation of a contract requires offer and acceptance in order to become legally binding. An offer is an expression of willingness to contract on specified terms made with the intention that it is to become legally binding as soon as it is accepted by the person to whom it is addressed. The advert above is a unilateral contract as "one party assumes an obligation under the contract". Consideration is the act of performance in accordance with the terms of the offer, in this case acceptance would take place once the offeree starts the race. For example, the case of Carlill v Carbolic Smoke Ball Co [1892] where Mrs Carlill was entitled to the reward as the advert constituted an offer of a unilateral contract. She had accepted by... Show more content on Helpwriting.net ... The Borough of Mayfair cannot revoke the offer, as revocation can only be made at any time before acceptance. In addition, withdrawal of an offer has to be communicated between both parties and in this case withdrawal was not communicated. Nicole was informed of the withdrawal of the money after acceptance and performing the actions required were completed. Therefore, the contract cannot be terminated. A person cannot accept an offer of which they are unaware of because in order to create a binding contract, parties must reach an agreement. In this case Sylvie had no knowledge of the offer and she did not intend to run the race in order to receive any rewards. It can be said that the only intention she had was to accompany the rest of the competitors. The stages of a formation of a contract were not complete as offer was made to 'anyone', but Sylvie was not aware of the offer. This restricts the next stages of acceptance and consideration. Therefore, a legally binding contract was not made between the Borough of Mayfair and Sylvie, due to the missing stages of a formation of a contract. The Taylor v Laird [1856] case illustrates how a claim failed because one party did not have an offer from the other party to do a different job. This illustrates that a contract requires communication in order for it to become legally binding. Even though the conditions which were required were performed, ... Get more on HelpWriting.net ...
  • 13. Offer Analysis 1. Total Variable cost1.4= Total Cost of Material+ Cost of Labor1.2 +Overhead Expenses for the Product1.3 1.1 Materials used for Production of Hair oil. (Ref Page: 51, Statement of Material Consumed: Raw Material Consumed + Packing Material Consumed.) Raw material consumption| Qty (Kg's)| Amount| per kg| Refined oil| 2,766,284| 224,903,000| 81| Light liquid paraffin| 10,173,396| 755,341,000| 74| Perfumes| 286,699| 279,764,000| 976| packaging material – VC| | 677,790,000| | 1.2 Labor Charges from the Wages and Salary Expense: 2657110000 Ref Page: 52, Employee benefit expense: Salaries &amp; Wages) Therefore Total Labor Charges to include is 0.2*2657110000 =... Show more content on Helpwriting.net ... 2. The order for the shampoo sachets shall be a special order for P&amp;G and therefore they (P&amp;G) shall be willing to be providing the product at a considerably lower price. Taking the above two assumptions, and the rough margin estimate of the manufacturer in the body care industry we come to an estimated value of the Pantene shampoo sachet to be around INR 12. 1.92 The net contribution, (adjusted to the offer) that a single 300ML bottle shall make is therefore Original estimated contribution of 300ML1.9 – Cost of the Pantene shampoo offered free in the advertisement1.91 = INR 42.04 1.93 Costs here shall be the incremental cost of advertisement (15,00,000). Thus the break even units shall be: Incremental cost of the advertisement/ Adjusted Contribution margin1.92 = 35683 units 1.94 Therefore the break even sales value shall be = Total break even units * Selling price of a 300 ml unit Selling price of a 300ML unit = Selling price of 1 Liter1.7 * (300/1000) = INR 101.4. Thus break even sales value = INR 3624208.6. 2.
  • 14. Should the company go ahead with the option of investing INR 15,00,000 on Advertisement: We think the offer shall definitely help boost the sales of the 300ML units and the company should invest in the advertisement. We need to consider the sales mix of the SKUs (Ref: Page 31, Saliency of Low unit Selling Price SKUs). We see that when the 100ML ... Get more on HelpWriting.net ...
  • 15. Lefkowitz V. Great Minneapolis Surplus Stores In our daily life, we are actually entered into contracts without knowledge. In simple words, contract is a bargain; in which both parties are expect to get benefits with consensus ad idem in a legal relation. An offer is a necessary element that must be present for a legally binding contract to take place. An offer is a clear statement of the terms by which the person making the offer is prepared to be bound. An offer may be conditional. At the same time an offer conveys to the other party in an invitation to accept and confers on that party the power to bind both parties in contract. A person who makes an offer submits, in a sense, to the will of the other party because it is the latter who decides whether or not to bring a contract... Show more content on Helpwriting.net ... The position is confused in relation to contracts of carriage and contracts for the sale of land. Automatic vending machines apparently make a mute offer that is accepted by the purchaser inserting money or otherwise activating the machine. Similarly, at automatic car parks the offer is made by the presence of the machine, which offer is accepted by the customer driving the car to the entrance so as to activate the machine that issues the ticket. Other 'ticket' cases involve an offer by the customer that is accepted by the issue of a ticket, which itself contains no contractual terms (cinema or concert) or does contain writing but such writing is not incorporated into the contract; or the ticket itself is the offer that is accepted by the customer taking it without objecting to any of the terms contained in it. It has been held that an invoice may amount to an offer that is accepted by the sending of a cheque. These various situations usually raise the question whether displayed or printed terms are part of a contract. So long as they are available for inspection by the customer before the contract is made, they are part of the ... Get more on HelpWriting.net ...
  • 16. Offer And Handling Contingencies 13. Negotiating an Offer and Handling Contingencies There are several different tactics for negotiating an offer on your home and they will depend on whether you're in a buyer's market or a seller's market. Once you receive an offer, your real estate agent will offer recommendations about how you should proceed. If the buyer's contract includes contingencies this is where things can get a little tricky. If the contract includes verbiage that asks for repairs, an inspection contingency, or a contingency to sell their home prior to buying yours, there will be several ways for you to proceed. If the buyer has to sell their home before closing on yours, you will have to decide whether to accept their offer, not accept it, give the right of first ... Show more content on Helpwriting.net ... Your real estate agent should be able to give you a list of home inspections that are required for your type of home and for your area so you know what to expect. 16. Final Walk Through Approximately 24 hours prior to closing, the buyer and the buyer's agent will do a walkthrough of your home to make sure it's in the same condition as it was when the contract was signed. And to make sure all required repairs have been completed. 17. Closing On closing day, all closing paperwork will be signed by both parties, the deed will then be filed at the county courthouse, and all bills will be paid such as agents' commissions, mortgage payoffs (if applicable), and a proceeds check will be disbursed if you are due one after anything you agreed to pay during the sale is deducted from your proceeds. That is unless your home's proceeds don't pay off your mortgage or the other costs of the ... Get more on HelpWriting.net ...
  • 17. Offer and Acceptance Offer and Acceptance (Acquisitions Law) Overview Acquisitions law is the nourishment that keeps commerce flowing for the benefit of all mankind and a common understanding of what makes an offer and acceptance into a contract is the secret sauce. A contract is an agreement among two or more parties that creates mutual obligations that are enforceable in a court of law. A valid contract has four basic elements: legality, mutual consent, capacity, and consideration. Contracts are promises that are enforceable under the laws of the land. Legal remedies are available for breach of promise or the court may enforce the duty to perform a promise. Contracts are formed when a duty comes into existence because of promises made. A legally binding contract contains adequate consideration to be exchanged for a promise. Consideration is a reward or a penalty which induces a party to agree to the promises/in the contract. The heart of the contract is the requirement for mutual consent in the form of the offer and the acceptance. (LII, 2012) Legality A contract cannot violate public policy and be enforceable. A person cannot enforce a contract if the subject matter is illegal, For example, a contract for the sale of illegal drugs cannot be enforced. Illegal contracts do not need to be voided by the aggrieved party; the court will declare that they were not valid from the inception and, therefore, have no legal effect. Similarly, one party using fraudulent behavior to induce the ... Get more on HelpWriting.net ...
  • 18. An Evaluation Of The Job Offer The job offer is a critical element in the recruitment process and must be executed strategically for maximum effectiveness. A mistake in the job offer stage could result in any number of consequences, including the loss of the best candidate, giving the wrong impression, and even legal ramifications. Clean Care Care (3Cs) is in a unique situation in the company's history. With low unemployment and a lack of qualified internal candidates, Arlan Autospritz, the owner, is recruiting a manager outside of the local market and company for the first time. Many elements must be considered in crafting the job offer to Jane Roberts, the top finalist, including, anticipating a counter offer from her current employer, maintaining goodwill with... Show more content on Helpwriting.net ... In Jane's case, there is a significant chance of any one of these obstacles. An initial salary offer of $33,000, along with additional inducements, may be a good starting point for negotiations. This will provide negotiating room of at least up to $35,000, a 10% jump from her current situation. In this situation, upfront and honest communication could benefit 3Cs. For example, asking Jane whether she was looking at any other companies or has any other offers on the table. Upfront communication can work to best align the wants and needs of both company and candidate (Maurer, 2015). The offer should be clarified as employment–at–will to provide flexibility for both 3Cs and Jane. This is particularly important in this case since Jane is coming from a different industry and without thorough knowledge of the 3Cs business and culture. Additional Inducements Considering Jane's current situation, additional inducements may be equally or even more important than the salary, especially during any negotiations. First, it is unlikely that the health insurance details could be changed for one individual so the salary bump and added inducements must be enough to make up the difference. Options may include additional vacation, flexible scheduling, a signing bonus, and relocation assistance. Jane should be offered two weeks of vacation since she is about to earn that at her current ... Get more on HelpWriting.net ...
  • 19. Job Offers Stereotypes In the case study of Job Offers Are Won and Lost Based on Interviewers' Perceptions of Responses to the Question "What Are Your Weaknesses"? The recruiters have several stereotypes that are having an effect on their perceptions of who should to be selected to fill the four open spots. In the text a stereotype is defined, as "A stereotype is an individual's set of beliefs about the characteristics or attributes of a group" ( Kreitner, R., & Kinicki, A. (2013)). Stereotypes are something that all people utilize in life to help process information. These can serve us positively or negatively and they may be accurate or inaccurate. This is a way for us to categorize information so that we can access it more quickly and effectually. ... Get more on HelpWriting.net ...
  • 20. Happydale Hospital Case Study Happydale Hospital is committed to identifying, preventing and removing barriers that prevents people with disabilities from accessing our quality care and services. This includes staff, families, patients, volunteers and members of Happydale's community. Based in Ontario, Happydale Hospital was founded in 1873 by the Sisters of St. Abase. It provides healthcare services in addition to teaching and research. The mission of Happydale is to provide high quality comprehensive services including excellent standards of care to the community. Inherent in all decisions is an emphasis on inclusivity and Individualized Service Plans (Mount Sinai Hospital, 2009). Through these values, Happydale is fostering a culture of respect and compassion for each of our patients and their families. In fulfilling our mission statement, Happydale Hospital strives to provide accessible care that respects the dignity and independence of our patients with disabilities. In June 2005 the Ontario government passed the Accessibility for Ontarians with Disabilities Act (AODA) (World Health Organization, 2018). The goal of this Act is to implement, enforce and develop standards of accessibility for all Ontarians. Happydale's Accessibility Policy follows the AODA and the Accessibility Standards for Customer Service, ... Show more content on Helpwriting.net ... Current hospital policy strictly prohibits discrimination towards people of disability regardless of context. Staff behavior is bound by an ethics code associated with each department. Specifically, all caregivers follow moral guidelines to provide equal care to all patients. An investigation concluded that hospital policy regarding Accessibility must be modified to account for the future needs of the community. This includes policies regarding patient–nondiscrimination and also hospital Public Relations must be ... Get more on HelpWriting.net ...
  • 21. Tony Vs Emma The issue in this question is that if there is a contract between Tony and Emma. A contract is a formal agreement in which the right of party will be enforce by law. The formation of contract includes formal contract and simple contract. Formal contract has to be valid from its specified form: deed or under seal also written and signed by parties. Simple contract must be supported by consideration. A valid simple contract includes 3 elements: agreement, which include an offer and acceptance to hat offer, valid consideration and intention to create legal relation. In this case Tony and Emma are two parties, no written contract has been made by the two parties. Tues, there is no formal contract. To create simple contract between them, the 3 elements are necessary. An offer is a promise made in return to a promise... Show more content on Helpwriting.net ... Emma took no response, if she made a valid acceptance to the offer, there would be a valid acceptance. Consideration is necessary in simple contract, executory and executed consideration is accepted by law. Executory is consist of a promise to do something, and executed consideration takes the form of performing an act. Past consideration, consideration per–dates the promise, is not accepted by law. In this case, Emma want to buy a television from Tony. The consideration is a promise to pay a certain amount of money in return of the television or a promise of offer the television in return of a certain amount of money paid. The consideration took the form of the exchange of promise. It is an executory consideration, which is valid in law. Parties must have intention to create legal relation to create a legal contract. When the agreement is made between business partners, it is presumed that the parties are intent to create legal relations. When an agreement is made between family members or social friends, it is presumed as no intention to create legal relations. Both presumptions could be ... Get more on HelpWriting.net ...
  • 22. Disadvantages Of Online Shopping Indonesia Just a few years ago most of us preferred shopping by visiting the local stores or nearby market. They would shop in the stores complete with parking and weather problems, long lines, and wobbly shopping carts. With the limited options for shopping , they had no other choice but to visit the shopping store even they had to buy only one product. To avoid the inconvenience and wastage of time, Onlineshopping was introduced in Indonesia where anyone can shop for his/her favourite product by sitting at home. Although, online shopping was introduced, people still felt uncomfortable using their credit cards and giving their personal information to cyber–shops but with the time this has been changed. Due to easy payment options, good quality ... Show more content on Helpwriting.net ... The main purpose of these Companies is customer satisfaction. To win the heart of its customers, the Companies offer vouchers, coupons and codes which you can use to buy your favourite product. Getting huge discounts on your purchase will surely motivates you to buy more products online. Out of wide variety of Companies available online which offers discounts and offers, only some of them are genuine. If you are living in Indonesia and don't want to spend an extra amount on your purchase then you must buy products by way of Vouchercodes Indonesia. Voucher Codes will help you shop at discounted rates. You can get all the products by paying less than the listed rates. It is an initiative taken by the Company to promote online shopping in Indonesia. The company plans innovative and great offers for every customer. Their team tries to get as authentic codes as possible by contacting all related merchants and from various other relevant sources. There are many other Online sites which offers products and services at discounted rates. Companies like Groupon and Rakuten are like by every customer all over the world. The main reason that the customers love shopping from their sites is the amazing discounts and deals which they provide on their products and ... Get more on HelpWriting.net ...
  • 23. Attractive Poker Offers Title: Attractive Poker Bonus Offers: A Must –Have for Great Sites Description: Get special poker deals, information about upcoming freeroll tournaments, best poker bonus proposals, including welcome and deposit bonuses! Poker Bonus Serves Multiple Purposes Encouraging is a good stimulation of any activity, poker including. A poker bonus, offered at the right time and in the right website, can make the day and the future of the beginning player. An attractive welcome poker bonus serves several purposes except for pleasing the user. It gives a possibility to polish playing skills before diving into a poker–for–real–money world. No feelings and emotions are involved when the bet of the game is just virtual points. It becomes easier for the players to understand how to play poker online, how to build winning tactics when no real money is at the stake. The head stays calm and the heart beats steadily. However, different websites conduct various customer care policy towards fishy players. Some websites divide the bonus into cash and tournament tickets, with the second part prevailing. Others allow withdrawing bonus in cash if you meet some special requirements. For example, at first, you must ... Show more content on Helpwriting.net ... Regardless, few of us are informed via a toll–free telephone number, e–mail sustains or just via live chat. As a result, the flaw of the most favorable offers passes through us staying invisible. Just think about this. How many opportunities we miss? It takes days and weeks to screen the whole market and highlight the offer you really like. None of the solid players can spend so much time on seeking bonuses, either as fishy players would better choose to practice in live or online poker rooms instead of turning Internet upside down in order to find the best poker bonus. It is not ... Get more on HelpWriting.net ...
  • 24. Rules for Offer and Acceptance Introduction: Rules of Offer and Acceptance are applied to enforce an agreement by the law. This agreement is the first requisite of any contract of the business. In order to a contract come into being between parties, the offer is made by the offeror and the oferee accept that offer. In 21st century, there are rapid changes in business trend which create lots of new business model such as e–business and global business. The more business participates, the more requirements of Offer and Acceptance Rules to adapt to the change. In this essay, we are going to look at the Rules of Offer and Acceptance, how do they affect business contract and whether these rules make good business sense in 21st century or not. Offer And Acceptance, How These... Show more content on Helpwriting.net ... In addition, the revocation do not need to be told by the offeror, it can be informed by a reliable third party. Keenan and Riches also proposed that a second subsequent offer can revoke the first offer but it must be "sufficiently at odds with the first offer, so that both cannot be accepted" ... Get more on HelpWriting.net ...
  • 25. Offerer & Acceptance (Law) Offer and acceptance is one the main 7 essentials to create a legally binding contract since a contract is based on agreement. It is also an essential for a court to arbitrate problems. An offer is a manifestation (orally, in writing, or by conduct) of willingness to enter into bargain, which justifies another person's understanding of assent to that bargain is invited and will conclude the transaction. An Offeror is the party who makes the offer. An offeree is the party who receives the offer and is asked to accept it and thus form a contract. An offer can be either bilateral (made to a specific person(s)) or unilateral form (made to the whole world). (Frey & Frey, 2001) An invitation to treat or invitation to chaffer is where a person ... Show more content on Helpwriting.net ... As Anjali refers to the offer made on the notice board –the notice on the staff notice board said that the car would be sold to the first staff member who pays the money as she did not come with the money it might make the acceptance invalid. In Kavitha's case she conveyed her acceptance clearly in verbal form while she arrived with a cheque which she handed over to Manuja therefore as she has accepted the offer validly and an agreement exists thus Kavitha can sue Manjula for Breach of contract. The offerors act of withdrawing an offer is referred to as revocation. Unless an offer is irrevocable, the offeror can revoke the offer even if he or she has promised to keep the offer open (Miller & Jentz, 2010). Revocation of offers should be made the same way offers were made as established in the case of Shuey v US. Manjula's revocation of the offer fails because an offer cannot be reversed once it has been accepted i.e. in a case like Payne v Cave the highest bidder could withdraw his bid before the hammer was brought down (before acceptance) but in the case of Bryne v Van Tienhoven the acceptor could not revoke his offer because he already accepted it. Thus Kavitha will be able to successfully sue for breach of ... Get more on HelpWriting.net ...
  • 26. Is there a Binding Agreement Between Dr Hu and Amy Pond? A)Is there a binding agreement between Dr Hu and Riversong Mediquip? Offer For there to be a binding agreement between Dr Hu and Riversong Mediquip, two factors must be present, these factors are and offer and acceptance. An offer can be defined as a willingness to enter into a bargain and in doing so does justify another person an understanding that his/her assent is invited and will conclude the bargain. Heydon JA suggested that an offer must 'take form of a proposal for consideration which gives an offeree an opportunity to choose between acceptance and rejection' .The offer in this scenario was made by Riversong Mediquip to sell Dr Hu medical equipment as was depicted in a previous correspondence between the parties. The... Show more content on Helpwriting.net ... Amy chose to accept the offer emailed to her by Dr Hu, through an accepting email, which although not the prescribed method of acceptance is still valid. Acceptance Although Amy did not accept the offer from Dr Hu to purchase her medical equipment in the prescribed form of post, her acceptance is still valid. It was suggested that 'where the offeror has prescribed a particular method of acceptance, but not in terms insisting that only acceptance in that mode shall be binding, that acceptance communicated to the offeror by any other mode which is no less advantageous to him will conclude the contract' . Therefore suggesting that even though Amy did not respond via post as was asked by Dr Hu, the wording in Dr Hu's email said that 'you can respond', can meaning that it was not specified as the only means of accepting the offer, and that other means of acceptance would be seen to form a binding agreement between the two parties. As Amy's email was in no way less advantageous to Dr Hu it can be seen as a valid acceptance of the offer that was put to Amy. Amy sent her email of acceptance to the email that she received the email from, which conforms with Section 13A(a) of the Electronic Transactions Act 2000 (NSW) which states 'the time of receipt of the electronic communication is the time when the electronic communication becomes capable of being retrieved by the addressee at an electronic address designated by the addressee' ... Get more on HelpWriting.net ...
  • 27. Premier Auto Case Study Premier Auto provides a wide variety of services as a local business. They tint windows in automotive applications as well as commercial and residential. This particular service they offer is very beneficial to potential customers because of the benefits received from window tint. Some of these benefits include protection from UVA & UVB rays, privacy, and safety protection. The other aspect of the business is used car sales with available in house financing on most vehicles on the lot. The window tinting section of the business opened in its current location of Albemarle NC in 2006. Previously there were 2 other locations, one being in Concord NC and one in Salisbury NC. With the opening of the Albemarle location, the company decided to shut... Show more content on Helpwriting.net ... Another opportunity would be the ability to further expand their business in the window tint division of the business. The new location will give them more space to have more vehicles on a bigger and better lot. The ability to expand their operation would allow them to take care of a lot of their own things for their vehicles for sale. The potential to expand window tinting would basically be spreading out and being able to do a lot more business in the commercial and residential part of the industry. This would mean that they could tint more people's homes and businesses. Currently they are only able to do these every once in a while due to their busy schedule with auto window ... Get more on HelpWriting.net ...
  • 28. Recommendation On The Training Offer Recommendation on the training offer: Benefits of this training offerDisadvantages of this training offer Staff become more competent at their jobs Staff become more flexible Staff motivation increases Increased productivity Changes become easier to introduce Fewer accidents The organization's image improves e.g. when dealing with customers Reduced wasteOnce fully trained, staff may leave for better paid jobs Financial cost of training may be high Work time is lost when staff are being trained Quality of training must be high for it to have a positive effect Based on the above analysis, I recommend to select / reject this training offer. Kind regards, Thien Tuc Nguyen Assessment Task 3 Part A To: ling@barklycollege.com Subject: Discussion of Yuko's case Dear Ling, 1. Discuss the conflict resolution process that you would use to resolve the workplace situation. Conflict is a complexion element of human communication. How we control conflict still, is significant. Conflict controlled indisposed can lead to an extent of adverse result: it can weaken connections, produce and fetch up emphasizes, and clip company productiveness. Conflict controlled well can conclusion in problems being find solution in a timely and advantageous manner, modernized friendlies between staff and consumers, raise steadily productiveness and even new methods for doing pursuit.
  • 29. In this workshop, participators will equip a full of knowledge about: Differential kind of conflict Your acknowledgement to ... Get more on HelpWriting.net ...
  • 30. Is There An Offer? Is there an offer? An offer is a clear indication by one person to another person of the offeror's willingness to enter into a contract with the other person (the offeree) on certain stated terms upon acceptance of the offer by the other person. There is an offer because it is not a statement of intention, mere supplying of information, invitation to treat or mere puff. The offer was addressed to all Contracts Students. How many tickets is Ronan liable? In his first email, Ronan mentioned that he had three tickets and therefore three contracts had arisen from the second he sent the email to the students. Under s14D of the Electronic Transactions Act 2000 (NSW), Ronan had the right to withdraw the email but he didn't have the right to terminate the contracts. He should be liable for the third ticket as shown in Patterson v Dolman [1908]. In Patterson, the defendant made three identical offers to two people and they both accepted the offer but only one received the stack of hay. The plaintiff sued forbreach of contract. The Court held that the defendant was liable in damages for the breach of contract because he could only perform only one contract when there are 2 contracts. Ronan made three offers to the students and a number of students responded to him assuming that there were three tickets. However, Ronan can only perform two of the three contracts. He is therefore liable and may have to pay damages to the third person who is liable for a ticket. Liam Liam responded ... Get more on HelpWriting.net ...
  • 31. Questions On Contract Law Coursework Chinodebelum Okide STUDENT ID: CONTRACT LAW COURSEWORK INTRODUCTION In order to advise Abigail as to her legal position, we need to examine whether the elements of the contract are valid. A contract is an agreement between Abigail and all the three parties that are involved in the case. There are Barney, Cathy and Ernest that are involved in the agreeing to buy the "valuable collection of movie memorabilia" which is not possible in all cases in the law of contract. This means the agreement must be recognized by the court. This question requires analyzing the problem scenario from the perspectives of contract law paying attention to the rules relating to invitation to treat, offers, and counter offers. The scenario involved three distinct cases which should be dealt with separately in applying the following rule of contract law. In spite of its wording the advert on the website does not constitute a legal offer, it is merely an invitation to treat because Abigail put up an advertisement that stated the movie memorabilia on offer for 6,000 pounds or near. As such it is not an offer to sell but merely an invitation to others to make offers. The point of this is that the person extending the invitation is not bound to accept any offers made to them as may be seen in Harris v Nickerson (1873), in which it was held that the claim must fail as ... Get more on HelpWriting.net ...
  • 32. Immigrants Offer What do Immigrants Offer to a Nation? It is evident that the topic about immigration has been rekindled lately with Trump becoming president of the United States, this led to a polarization of the country into two sides: one that accepts immigrants into their country and another side that stands behind Trump's point of view about Mexicans and other immigrants. Immigrants have been a great influence in forming the Unites States' culture, history and economy over the years. In 2015 almost the 20% of the United States population were immigrants from foreign countries (mainly Mexicans and Asians), they have been a really important piece of the population of the United States in history and thus they have had an important role in what this country has become. Advanced countries tend to have an image that is seen by people from other countries as a perfect chance to start again in a better place. The main purpose for immigrants to leave their home country is to pursue a better life, this means that most immigrants move to a posh country in search of work, money and sometimes to establish a family with better conditions of life. With this said, we come to one of Trump's supporters main point: immigrants steal americans jobs. This isn't completly true because immigrants can't just "steal" jobs from others. It's not like the job was given to them for free, they had to work ... Show more content on Helpwriting.net ... But while the immigration numbers aren't too high, the host country will always have more advantages. Appart from bringing a lucrative advantage, immigrants also bring new cultures to different countries, this helps to end racism once and for all, to enrichen the knowledge on other cultures and it helps people to stop being so close minded. So, next time you're going to criticize that asian student for getting good grades, try to improve yourself and give the best out of you in the name of your ... Get more on HelpWriting.net ...
  • 33. A Letter Of An Offer An offer is when a person or company proposes a deal. The offeror is the one who creates the offer, while the offeree is the one whom the offer is directed towards. Under the common law, there are statements that do not amount to an offer, problems with the definiteness with an offer, the termination of offers, and the acceptance of offers. Also keep in mind that under the Uniform Commercial Code there are different rules regulating offers and acceptance with the sale of goods. First, let's define statements that do not amount to an offer. These are invitations to bargain, price quotes, letters of intent, advertisements, and auctions. Invitations to bargain is when you set the lowest price you are willing to sell a product at and the other party can negotiate above that. This is not an offer. Price quotas, lists of prices, are also generally not considering an offer, but a request to receive an offer. A letter of intent summarizes the negotiating process between two parties. Be careful with a letter of intent considering that if the language claims the parties intended to be bound then the letter will bind the two parties. Advertisements and auctions are similar to price quotas in the fact that it is merely a request for offers, but is not an offer itself. An offer must also be definite. Offers that are vague or have a problem with definiteness will not be enforced in court due to a lack of information. Language that should be avoided are statements like "a fair wage," ... Get more on HelpWriting.net ...
  • 34. The Open Offer The Open Offer Sara Grayson Grantham University Professor Heather Douglas The Open Offer In this week's scenario, Jimmy is an art dealer and merchant. He is beginning to run out of income. Jimmy owns a treasured Van Gogh painting. In order to help himself in his financial crisis, Jimmy sends a letter to his friend Tommy. The letter simply states that Jimmy remembered a conversation where Tommy had once shown interest in buying the painting. Jimmy says that he is willing to sell the Van Gogh to Tommy for $500,000. He goes on to say that he will give him one month to accept the offer. Jimmy signs the letter and puts it in the mail. Tommy receives the letter and is very excited at the prospect of purchasing the painting. Tommy sends a response... Show more content on Helpwriting.net ... The term Quantum Meruit is translated from Latin and means "as much as he deserved" (FindLaw, 2016). The court could enforce all or part of a contract and require a remedy in equity or injunctive relief. This is when the court requires one of the parties to do something. The court could choose from cancellation that would void the contract or specific performance that would require the party that breaches the contract to perform the contracted service or produce the goods that were agreed to in the contract. This remedy is usually enforced in a case that the goods or services are unique, and no other judgement would be sufficient (FindLaw, 2016). In our scenario, Jimmy failed in his duty to sell the painting per the agreement he entered into with Tommy. Tommy provided consideration in the time allotted to Jimmy per the contract stipulations. Jimmy then sold the painting to another party for a greater amount than was contracted with Tommy. Tommy must show the court his direct loss resulting from Jimmy's selling of the painting to the other party. The court could utilize Tommy's expectancy interest by measuring difference–money damages. The court could see what the other buyer actually paid for the painting above the $500,000 and award that amount to Tommy. The court could also have an expert evaluate the painting and award ... Get more on HelpWriting.net ...
  • 35. Creative Writing: The Offer You're by the restroom door, waiting for your sister to come out to accept the offer or not. "You look horrible sis, seriously you should take the offer." Katie was thinking deeply. Sure there's plenty of free clinics, but she's worried about hidden fees and at the moment she have no money or choice. "Fine bro, I'll except the offer. I like to get this shit over with and don't have to worry anymore!" She placed her hands on her stomach, trying to control her nausea. She whispers softly to her self. "Damn.. I hope I'm not pregnant, anyone besides my brother..It will be so awkward if I am!" You and your sister got dress, and walk to your vehicle and enter. You drove for the next 30 minutes to your friend clinic. You got inside the building... Show more content on Helpwriting.net ... "I just want you to do a personal check up on my sister, but inform she's not pregnant." Dr. David reluctantly disagree to not help. Yet he has no choice but to even the favor. "You know this means I might lose my license right?" There was an experiment he want to get off his chest but couldn't find any volunteers. "Very well, I'll do it but I have a proposal if you're interested?" You're intrigued what his proposal might be and listen. "There's an old man who funded my education but never had any children of his own. He passed away and I promise I'll keep his frozen sperm to find a suitable, attractive, young female ovum fertilize." Now you cross your arms, not very interested in what he has to offer. "Let me get this straight, you want to use my sister?" Dr. David since your unwillingness and continue to persuade you. "Let me finish man. Yes I couldn't find any volunteers but here's the good catch. If we can use his sperm to fertilize one of your sisters ovum, there's a deed handed down to me if I accomplish it. $10 million dollars and I'll gladly split half to you!" Now his offer started interest you. "I think my sister already pregnant, how are we going to get more ovum to ... Get more on HelpWriting.net ...
  • 36. Offer and Acceptance Business Law: Offer and Acceptance. For a simple contract to be valid one party must make an offer and the other party accept it. В‘An offer is made where a person (the offerer) unequivocally expresses to another (the offeree) his willingness to make a binding agreement on the terms specified by him if they are accepted by the offeree' (Card 2002). This offer could be made to a specific person, in which case it cannot be accepted by anyone other than that individual. On the other hand it could be made to a group of people or the whole world! Usually the offer will indicate a number of things like in which form the acceptance should take, it may also have a time limit for acceptance attached to it. In which case this will be a... Show more content on Helpwriting.net ... Now moving on to В‘Acceptance'. The acceptance can be signaled by communication to the offerer or by conduct e.g. a unilateral contract (see above). A valid acceptance must be a В‘mirror image' of the offer, trying to introduce new terms will be seen as a counter offer and not an acceptance (Adams, 2003). Unless stated acceptance can be in writing, orally or by conduct. A written acceptance might be made by post; this is where the Postal Rule comes into play. In English Law it is the usual ruling that acceptance occurs at the moment of posting, not of receipt. This is because obviously a letter could get lost or delayed in the post. We also run into problems where the offerer posts an acceptance and then changes his mind and sends a rejection of acceptance by faster post. To avoid this, the offerer may use a clause stating that acceptance by post is not appropriate. There is a different rule for instantaneous methods of communication. In this case the acceptance doesn't occur when communication is made but when it is received. In a made up case study Trotter Computers Ltd are manufacturers of computers, they sent a fax to some of their customers stating that they were selling off surplus stock for ВЈ150 each. Firstly this is an offer not an invitation to treat because it was specifically sent out to a number of the companies clients so it couldn't be seen by anyone, also it stated in the fax В‘we can offer you a desktop PC of the ... Get more on HelpWriting.net ...
  • 37. Burrito Swot Analysis 7/11, I have used your store for a quick fix for my lunch for quite a long time. Its a very convinent place to stop by and grab a few items that total under 5 dollars and then be well on my way, belly full of some 7/11 brand grub. With that said, I have noticed an extreme decline in the quality of your burittos. Initially all the stores I visited sold 7/11 brand burritos, in multiple sizes/flavors and all of them at a cheap price. HOWEVER, lately I've been noticing these burritos being phased out and replaced with a Don Miguel brand burrito called "The Bomb". THESE BURRITOS ARE OF AN EXTREMELY INFERIOR QUALITY AND YOU ALSO CHARGE $1 MORE FOR THEM!!! I'm sorry for the caps but I needed to express my frustration with this recent change. The quality of these Don Miguel burritos is FAR LOWER than the original 7/11 brand burritos. All the stores I visited offered two flavors: A chicken variant and a beef variant. The chicken is a disgusting mush loaded that has the odd thread of chicken meat floating around and doused with spices (the spices are the only thing that make it pallatable). The beef variant is an utter mess.... Show more content on Helpwriting.net ... Furthermore the cheese used in the beef burrito is horrible, plasticy, and completely lacking in flavor. I couldn't even finish the beef burrito I bought. And to make matters even worse, the tortillas used by both burittos are an absolute joke. The dough is awful quality and falls apart the second you take it out of the microwave. AND I WANT TO REITERATE THAT YOU ARE CHARGING A DOLLAR MORE FOR THESE BURRITOS!!! I used to be able to go in and get a large 7/11 brand burrito and a bag of chips for $3.22, not it costs me $4.22 for the new brand burrito and 7/11 brand ... Get more on HelpWriting.net ...
  • 38. The Offer and Acceptance Model Is Flawd- Only an Agreement... The offer and acceptance model is flawed– only an agreement is necessary. In order to fully comprehend this statement, we must first establish what constitutes and offer and what constitutes acceptance. "An offer is a statement by one party of willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by the party to whom the offer is addressed". Acceptance is "...an unqualified expression of ascent to the terms proposed by the offeror". The "Offer and acceptance model" is based on the court's adopt the "mirror image" rule of contractual formation. Applying the definitions stated above, we can take this to mean that there must be a clear and unequivocal offer which must be matched by an equally... Show more content on Helpwriting.net ... It leaves very little room for the complexities that actually exist in the formation of a contract. In some instances the problem in a contract may now even exist in the area of formation but lies in something deeper, but I digress. This module allows for a clear fixed offer and acceptance to the terms set out in these instances which, from the cases mentioned, isn't what happens in reality. Sometimes a contract may be specified in both written and implied terms and the offer and acceptance model doesn't allow for the flexibility of such conditions. In these circumstances, given the first reason mentioned for the offer and acceptance model, the question arises of whether or not a contract was formed at all and if so, if all the terms discussed, stated or implied, are a part of this. From the above, it can be said that although the offer and acceptance model provides the framework in which a contract can be formed, it is not by itself a practical method or mold by which a contract may be formed. Lord Denning holds the opinion that "...it is a mistake to think that all contracts can be analyzed into the form of offer and acceptance..." He gives his support of the statement above and echoes these sentiments in the case of Butler v. Ex–Cell–O Corporation (England) Ltd (1979). He believes that the "...better way is to look at all the documents passing between the parties and glean from them or from the conduct of the ... Get more on HelpWriting.net ...
  • 39. A Letter Of Intent : An Offer Is When A Person Or Company... An offer is when a person or company proposes a deal. The offeror is the one who creates the offer, while the offeree is the one whom the offer is directed towards. Under the common law there are statements that do not amount to an offer, problems with the definiteness in an offer, the termination of offers, and the acceptance of offers. Also keep in mind that under the Uniform Commercial Code there are different rules regulating offers and acceptance with the sale of goods. First let's define statements that do not amount to an offer. These are invitations to bargain, price quotes, letters of intent, advertisements, and auctions. Invitations to bargain is when you set the lowest price you are willing to sell a product at and the other party can negotiate above that. This is not an offer. Price quotas, lists of prices, are also generally not considering an offer, but a request to receive an offer. A letter of intent summarizes the negotiating process between two parties. Be careful with letter of intent because if they language claims the parties intended to be bound then the letter will bind the two parties. Advertisements and auctions are similar to a price quota in the fact that it is merely a request for offers, but is not an offer itself. An offer must also be definite. Offers that are vague or have a problem with definiteness will not be enforced in court because of a lack of information. Language that should be avoided are statements like "a fair wage," "a ... Get more on HelpWriting.net ...
  • 40. Job Offer Sample I have checked your CV in detail. Let me guide you a little about myself, my name is Sergey Mikaelian and I am from st. Petersburg Russia. These days we are working with Pakistan on many projects. Unfortunately right now I am unable to disclose our projects details to you as you can understand the privacy maters etc ... As you know when any project get started, there are many things to do on the paper. Normally it is called project management that will be your actual work just to make business on the paper, confused ....! ? Let me clear your mind first We need people, not only having good writing skills but also possess great vision, unique/up to dated ideas. We will give you work load according to your capacity so you need not to worry about that , oooh I can't do this , this is not my field, going out of it etc . In your interview we will ask your favorite areas of work so you can prove your ability in the right direction. Below I am giving working areas of your job and you can consider any of them as per your interest. Note. Make sure that all the data provided to us from your end should be unique and must be in your own language, not copied from any website or etc. In short no plagiarism, for your support initially we will teach you how to write with some great tips В· Company profile В· Vision statement В· Mission statement В· Articles writing В· Explain about a country in the given aspects
  • 41. В· ... Get more on HelpWriting.net ...
  • 42. Tender Offer Play In the short play, "Tender Offer" by Wendy Wasserstein, is a drama play about a father and daughter's relationship. Paul is a 35 –year–old businessman, who puts work before anyone and isn't around much for his daughter Lisa. Lisa is a nine–year–old girl who is all alone in the dance studio after her father missed her dance recital. Lisa and Paul don't spend enough family time together since he is always too busy with work. This leads to Lisa not wanting to spend time with him since she feels as though he neglected her. In the beginning of the play there is tension right away when Lisa's father Paul finally shows up after missing her dance recital. He tries to tell Lisa that he was "sorry he was late" (pg. 816), tries to joke around with her and be friendly since he missed her dance recital. Even though he is trying to make Lisa feel better, she just isn't falling for it. She feels though that he neglected her. She is answering him back in short quick one word or two ... Show more content on Helpwriting.net ... He thought that he could just apologize to her and then everything would be okay. Well boy was he wrong! At first, he doesn't really realize how much by him missing the dance recital effected Lisa. As the play goes on though, he comes to realize that it really hurt Lisa and had an effect on her. He thought he could just apologize to her and that everything would work out, but when that didn't work he tried something else. He tried to be more friendly with her and joke around but that still wasn't doing the trick. He ends up making Lisa a tender offer which leads to him asking Lisa, "if she'd show him her dance recital" (pg. 821). He ends up dancing the other parts in her dance recital and in the end was able to lighten the mood up before they went back home. Paul was finally able to realize that he needed to spend more time with his daughter Lisa, so that they could have a better relationship than what they had ... Get more on HelpWriting.net ...
  • 43. Does Jerry Foster Deserve The Giraffe Award? I must decide on which of the cases deserve the giraffe award. The criteria for winning a giraffe award is: the person must be taking a personal risk, physically, financially or socially. They must act out of care, and they must go beyond their job descriptions or call of duty. There are three cases that I am judging based on the criteria. Case A, where Betty Washington is trying to makethe streets better and safer from drugs and violence, Case B, where Jerry Foster is saving people from the mountains to the desert and Case C, where Sister Beth Dadio is feeding the homeless people even when others try to shut her down. I believe that Jerry Foster, in Case B, deserves the giraffe award the most. Jerry Foster is a TV helicopter pilot for KPNX ... Get more on HelpWriting.net ...