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Law | Question Answer Assignment

   

Added on  2019-10-30

7 Pages1533 Words198 Views
Running Head: Law 1Law
Law | Question Answer Assignment_1
Law2Answer 1Part 1Issue: whether there is valid contract between Ian and Ben, and whether Ian can file claim forbreach of contract against Ben?Law: the first requirement of valid contract is an agreement, and agreement for this purposeincludes offer and acceptance. However, it also includes intention to create legal relationsbetween the parties and consideration. It must be noted that there are various ways through which offer given by the party can beterminated, and one of the most important way through which offer can be terminated is rejectionof offer. It must be noted that once an offer is rejected by the offeree then it is not possible forofferee to accept the offer. There are two forms of rejection that are direct refusal and counteroffer. Counter offer means acceptance of offer but on different terms, even though differentterms are not material then also counter offer is considered as rejection of old offer. Counteroffer is considered as new offer. Therefore, it is important to differ between the counter offer andmere request for further information (ACL, n.d.). Application: In the present case, valid offer is made by Ben to Ian. After receiving the offer, Ianrejects the offer by stating that he is busy on that day because of some other commitmentsbecause of which he is not able to speak in the class of Ben. He further stated that he will informBen if any changes occurred in the plan. Later, Ian send mail to Ben for speaking on 1st June in his class, but it is considered as counteroffer because Ian directly refuse the offer made by Ben. Ian communicates his rejection to the
Law | Question Answer Assignment_2
Law3Ben, which make the rejection effective. This can be understood through case law Hyde vWrench, (1840) Beav 334. In this case, court stated that for effective rejection it is necessary thatrejection must be communicated, and postal rule does not apply on letters of rejection. Rejection of original offer stated that there is no valid contract between the parties. Conclusion: in this case, there is no valid contract between Ian and Ben, and Ian cannot fileclaim against Ben for breach of contract. Part 2Issue: whether Sharon can file claim against Ben for breach of contract, and whether anydefenses can be used by Ben against this claim? Law: Mistake is considered as complex area of contract law, and any mistake related to theterms of the contract not allowed the parties to terminate the contract, even though such mistakeis fundamental in nature (ACL, n.d.). Sometimes, parties to the contract are under mistaken belief related to the fundamental terms ofthe contract. This can be understood through case law Smith v Hughes, Court of Queen'sBench [1871] LR 6 QB 597. In this case, court held that there was contract between the parties.In this Court did not consider the difference in subjective intention of the parties that was Smithintended to sell new oats, but Hughes intended to buy old oats.
Law | Question Answer Assignment_3

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