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TLAW101 - Business Law Assignment

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University of New England

   

Business Law Report Writing Assignment (TLAW101)

   

Added on  2020-03-13

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TLAW101 - In this Assignment, we discuss Business Law legal issues in the case of enviro, the administrative assistant forgot about the tender submitted by them and it would be considered as a fault of the University; so due to this fault of the university, a contract could not be formed. in this case, relates to the legal effect of the communication undertaken between The rules discussed above have to be now applied to the correspondence which took place between the three parties, i.e., Footloose, Famous Footwear and James’s Shoes from the date. 

TLAW101 - Business Law Assignment

   

University of New England

   

Business Law Report Writing Assignment (TLAW101)

   Added on 2020-03-13

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TLAW101 - Business Law Assignment_1
BUSINESS LAW2Question 1IssueThe legal issue in this case revolves around the establishment of contractual relations on thebasis of the three tenders. RuleA contract shows a promise whereby one side of the party promises to do something and theother party promises to pay the value of consideration. In order to form a legally bindingcontract, it is crucial to have an offer, an acceptance, consideration, intent, capacity, clarity andconsent (Ayres and Klass, 2012). Without the presence of these elements, a lawfully bindingcontract cannot be formed. The first stage in contract formation is offer. For a contract to bemade, one party needs to offer the other party certain terms. There is a need to differentiate offerfrom invitation to treat. Tender is deemed as invitation to treat, as the prices are invited for acontract to be formed. Once a price has been quoted, it becomes an offer, which has to beaccepted for it to become a contract (Lindgren, 2011). The next step is acceptance. When an offer has been made, it needs to be accepted by the party towhich it was made, in the exact manner in which it was made. It is crucial for the acceptance tobe communicated and a mental decision does not result in valid acceptance. The general rule ofacceptance is that the date of acceptance is such when the communication of acceptance reachesthe offering party (Clarke and Clarke, 2016). However, an exception to this rule is found in thepostal rules of acceptance. The postal rules of acceptance are also applicable on offers. As per
TLAW101 - Business Law Assignment_2
BUSINESS LAW3these rules, the date of acceptance is such, when the letter of acceptance is posted. And the dateon which such communication reaches, or not reaches for that matter, the offering party is notrelevant (Turner, 2014). This is due to the notion that the postal agency is the agent of theoffering party and an acceptance by the postal agency is deemed as the acceptance of the offeringparty, as was held by the court in the matter of Byrne v Van Tienhoven (1880) LR 5 CPD 344.Though, the postal rules apply only when the party has acknowledged it as a valid means ofacceptance (Andrews, 2015). In Tallerman & Co Pty Ltd v Nathan's Merchandise (1957) 98CLR 93 it was held that the post would not be a justified means of acceptance, till the time theoffering party has the reasons to believe that the postal mode can be used to accept the offer(Jade, 2017). ApplicationIn the given case study, the tenders were invited with a closing date of June 01st and this isinvitation to treat. The reply to this communication would be deemed as offer, instead ofinvitation to treat, as they clearly state the terms which have been offered. There is a need toanalyze the offer of three different cases. The offer of Greenland had been delivered throughhand and on the basis of the general rules the date of actual delivery would be the date of offerand this would be May 29th. In case of Enviro, the offer was sent through post, where the postalrules of acceptance are applicable. And the date of offer here would be May 15th. In case of PlanForever, the offer had been posted on 30th May and this is the date of offer.For considering the contractual position of each party in this case, the acceptance of the offerswhich have been made, by the University, has to be taken into consideration. As in the case ofEnviro, the administrative assistant forgot about the tender submitted by them and it would be
TLAW101 - Business Law Assignment_3

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