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The law of contracts : Assignment

   

Added on  2021-04-17

6 Pages1063 Words31 Views
qwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnAssessment Task Case Analysis(Student Details: )
The law of contracts : Assignment_1
Assessment Task Issue 1Whether a contract had been formed between Harry and Sally based on the mails which were sent, or not?Case Laws Byrne & Co v Leon Van Tien Hoven & Co [1880] 5 CPD 344 Harvey v Facey [1893] AC 552Household Fire Insurance v Grant [1879] 4 Ex D 216Rule 1A contract is a promise, which has legal validity. It is made between two or more parties, where one party makes promise of doing something and the other party makes promise of payingthe consideration value. The formation of contact involves certain elements to be present. These elements include an offer, an acceptance, a consideration, an intention, legality, clarity and consent (Gibson & Fraser, 2014).The first element in the formation of contract is offer which denotes that one party has offered certain terms to the other party. The offer is open till it is accepted, or for the time stipulated. It is important to distinguish offer from mere supply of information (Abbott, Pendlebury & Wardman, 2007). In Harvey v Facey [1893] AC 552, the plaintiff had asked the defendant regarding whether they would sell the bumper hall pen and to post the lowest cash price. The defendant replied with the lowest cash price. And the plaintiff agreed to buy the pen atthis price. The reply of price was deemed here as the supply of information. Page 2
The law of contracts : Assignment_2
Assessment Task Once an offer is made, the same has to be accepted by that person to which such offer was made. The acceptance to this offer has to be given in a clear and unequivocal manner. Another important point related to acceptance is that it needs to be properly communicated to offering party. In other words, the acceptance would be deemed as being given when the offeringparty receives it (Latimer, 2012). However, there is a primary exclusion of this rule and this is found in the postal rules of acceptance. Under these postal rules of acceptance, date of acceptance is deemed as that date on which the acceptance letter had been posted by the accepting party (Marson & Ferris, 2015). This is because Byrne & Co v Leon Van Tien Hoven & Co [1880] 5 CPD 344 provides that the postal office is the agent of such an offering party and the acceptance of agent had to be deemed as acceptance of such an offering party. The actual date of delivery of acceptance letter is of no consideration in such cases and the delay in delivery would not invalidate the acceptance based on Household Fire Insurance v Grant [1879] 4 Ex D 216. Application 1In the given case study, the first communication by Harry to Sally would be deemed as request for information, as he simply asked about the price of the ring. On this, the reply given by Sally would have been deemed as a supply of information based on Harvey v Facey, had the same not been coupled with an offer of selling the ring immediately. This is because here a clear offer was made by Sally for selling the ring at $100,000. All these communication were taking place through mail so the postal rules apply here. The offer was open for three days only. The acceptance to this offer was given by Harry on the very next day through post. Based on because Byrne & Co v Leon Van Tien Hoven & Co, the Page 3
The law of contracts : Assignment_3

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