Does Peter have an enforceable contract against Don?
Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code, which would be used if their agreement had involved the sale of goods. In order for a contract to be formed between Peter and Don the two must react mutual consent Mutual consent can generally be formed through the form of an (A) offer and (B) acceptance. An additional requirement for both parties to show (C) consideration is also…show more content… 1. Conduct. Acceptance of an offer requires a communication of the acceptance to the offeror from the offeree so the mutual consent requirement can be met. This communication can be implied through the offeree’s conduct. Peter’s acceptance could be inferred through his conduct of showing up to the facility one week after his conversation with Don to move his father into the home.
2. Revocation. An offeror may revoke an offer before it has been accepted, but the revocation must be communicated to the offeree directly if the offer was made directly to that party. The offeror is the master of the offer an is entitled to revoke an offer at anytime unless the offer meets the elements of an irrevocable offer. a. Revocation 1. Don published a notice in the newspaper stating the facility was full, terminating the initial vacancy ad he had published. Since the offer was made directly to Peter, Don cannot use the newspaper as the method of communication of the revocation of the offer because he has the requirement to communicate the revocation directly to Peter.
b. Revocation 2. Additionally Don placed a sign in the lobby of the facility stating the facility was full and not accepting ne residents. The revocation of an offer is effective immediately when the offeree receives it. Here, Peter saw the
HRMP21: People Management Essay title: part-time and fixed-term contracts Student registration number: 2211904 1. Introduction The number of people who choose to use flexible employment contracts has been growing dramatically in Western countries over the last ten years (Graaf-zijl, 2012). There are various types of such contracts, for instance, temporary, fixed-term, part-time, casual and zero hour contracts and so on to name but a few. (People Managements Seminar Pack, Autumn,…
institutions in the Australian legal system, the jurisdiction of the major courts and tribunals in Western Australia, the sources (statute and case law) and processes of law, the tort of Negligence, the nature of business organisations, the Law of Contract, and an introduction to consumer legislation. LEARNING OUTCOMES: The primary aims of the unit are to introduce students to the legal and business framework within which financial and associated decisions are made, and to foster an awareness and…
Research essay Forming a contract there must be six essential elements which are acceptance, consideration, intention to be legally binding, capacity of the contract and finally legality of the promises.1To archive an agreement between the offeror and offeree there is a formula whereby offer+ acceptance=agreement.2An offer has to be created firstly. An offer means the indication by one person to another of his willingness to enter a contract with the other person on curtain terms.3An offer can…
John has a valuable antique to be sold and the parties that the he is selling to initially is Monica and then comes Mark. The legal issue that the essay will talk about; is John has any obligation and rights to neither Monica nor Mark and if he does, can he be sued for not selling the antique to one of them. It is deem that neither of them has a contract with John and thus John legally can’t be sued for not selling to either Monica or Mark. On the 1st of June, John negotiated with Monica with an intention…
Table of Contents Introduction 3 Company Background 3 The Case 4 Literature Review 5 Change Theories 5 Leadership 5 Psychological Contract & Motivation 5 Critical Analysis 6 Recommendations 6 References 7 Introduction Changes have never been as fast-paced as in the modern world, driven by technological advancements, consumerism, easy information sharing, and knowledge intensity. Businesses have to be constantly aware of their external environment and of the potential changes…
know how each of these main areas of the industry function and interact | |with one another. A lot of professionals operating within the music industry often have several sources of income from | |different jobs in the music industry (e.g. part time producer and part time live sound engineer). They will therefore | |need to have knowledge of the each part of the music industry as opposed to specialising in one. | |…
An online multiple choice test to be completed during Week 4 of semester- 10% of final mark 2) Demonstrable preparation of answers to weekly tutorial exercises and active participation in class discussion - 10% of final mark 3) A research essay (case study) of 2,000 words (+/-10%) for submission in Week 9 – 30% of final mark 4) An “open book” 2 .5 hour final examination (+15 minutes reading time) - 50% of final mark Marking Criteria Students must achieve a minimum overall…
exercise of law of freedom were extremely restricted. In today’s English law, freedom of contract is one the foundation of contract law. The existence of freedom of contract requires three main considerations: the freedom to…
Introduction This essay relevant breach of contract. Huang owns a home in a suburb of Melbourne. He decides to construct a factory and workshop for his contract which supply of the components. Thus, he employ Bill who is a registered builder to build a factory and workshop. However, Huang lose many money because Bill delays. This legal issues in this case include Huang just has an oral contract with Bill which is building the factory and workshop for Huang. Huang lose a contract for supply of the…
government was one which has three groups of officials. ● He thought that Great Britain had the best government because of the separation of power and checks and balances. ● His most famous writings were Persian Letter and The Spirit of the Laws. ● “A nation may lose its liberties in a day and not miss them in a century.” John Locke ● Born August 29, 1632 in Wrington, Somerset, England and died October 28, 1704 at age 72. ● His political theory was based on the social contract theory (an…
