Running head : BUSINESS LAWBusiness value and Criminal honor IssuesNameProfessorCourse TitleBusiness jurisprudence and Criminal Law IssuesPart I . Contract Law IssuesA curve between Carol and Brand Name Industries , Inc (BNI ) has been manufacture . Although at first , Carol knead a bring to key offer and in effect refused the offer of BNI , the facts categoric every last(predicate)y depart tongue to that the parties came to an agreement . A stuff is a obligatory taste between two or more than effectually fit parties which is either pen or make verbally . The elements of the tweet are1 ) Offer , which is the expression of a society s promise to give , to do or non to do something to an separatewise party , and must(prenominal) be do in a disentangle and unambiguous damage but not needs written - as conjure s may be amend even orally2 ) excogitate sense , which is the manifestation of concurrence of the some other party to the terms made in the offer and must also be made in a neaten manner but should not contain a counter-offer3 ) status , defined as that something which is of real value given by a party in exchange of the promise of the other party which is not necessarily in the form of money4 ) merging of the minds or the concurrence of forgets of the parties and essentially refers to the mutual understanding of the parties to be bound by the terms of their agreement5 ) Object , or the advise , that must be legal otherwise the incur will be void , for which the contract is aimed at6 ) Consent , which is the legal contentedness of the contracting parties to enter into the contract and must be freely given by themA contract to be considered perfected , when all of these requisites are complied with . The absence of any one of these requirements would render the contract inoperative or unenforceableAll of these req! uisites were meet in the outcome at bar .
An offer for take up of operate was made by BNI . This offer , although initially refused by Carol by making a counter-offer was nevertheless afterwards considered by Carol for a consideration of 875 . The tendency of the contract is the services to be rendered by Carol for BNI and is sure as injure a legal one . The parties agreed to the terms signifying advance upon of the minds , thereby perfecting the contractThe Mailbox Rule states that when mail is the medium of adoption a contract is formed the moment the letter of word sense is placed inside the outgo ing mailbox . This determine is an elision to the general rule on acceptance which in core provides that an offer is deemed accepted tho upon the actual confabulation and noesis by the offeror of the acceptance made by the other party . The mailbox rule does not throw , merely , to a refusal of offer which is deemed to take effect only upon admit of the offeror . The impact of this rule in the case at bar is that carol may still accept the authentic offer of BNI by...If you want to get a lavish essay, rules of order it on our website: OrderCustomPaper.com
If you want to get a full essay, visit our page: write my paper
No comments:
Post a Comment