Sunday, April 21, 2019
Problem based exercises on Law Case Study Example | Topics and Well Written Essays - 1500 words
Problem based exercises on Law - Case Study ExampleThe garner stated that the offer was exclusively beingness made to the members of the yatch club against payment of $80,000. The letter also states that the low gear member to accept the offer allow for receive the yatch, hence according to the Sales of Goods Act 1979 theatrical role 18 (3), in case of sales on approval, property passes when the buyer signifies his sufferance to the seller.3. At 8 pm, Dandy, a club visitor rang Gemstone, Mrs Gemstone answered in the absence of her husband and Dandy proposed $90,000 for the yatch. Not being a member of the yatch club, Dandy does non fulfill the contract according to the Contract Law, since he has non been offered a deal to accept. However, it can be considered that Dandy is now making an offer for Gemstone to accept, precisely since Mrs Gemstone did not clearly state that she is accepting the offer (she only replied My husband will be pleased. He asked me to receive any accep tances as he is away tonight. I invoketo arrange assumey) uplift Gibson v Manchester City Council 1979 1 AER 972, where using the word suggest merely illustrates final arrangements, but does not show that any stage the offer has been accepted.4. sick stick on his acceptance letter at 9 pm. ... I suggestto arrange delivery) See Gibson v Manchester City Council 1979 1 AER 972, where using the word suggest merely illustrates final arrangements, but does not show that any stage the offer has been accepted.4. Chuck posted his acceptance letter at 9 pm. According to the Contract Law, an offer is acceptance at the magazine the letter is posted, irrespective of the time the letter reaches destination or even if it does not reach destination. beguile Byrne v Van Tienhoven (1880) 5 CPD 344 in which it is stated that an offer is accepted once it leaves the hands of the person. Since Chuck is a member of the club, and he is the first to accept Gemstones offer, levelheadedly according to point 2 above, he is the righteous person to claim the yatch.5. Slick, also being a club member sent his acceptance by mail at 9.30 pm, hence 30 minutes after Chuck. Thus the contract having already been formed being Chuck and Gemstone, Gemstone having clearly stated that the first member to accept will receive the yatch, Slick has no legal right to claim for the yatch.As we can see, Gemstone wants to deliver the yatch to Dandy. Considering all the above points, Chuck is now the righteous owner of the yatch legally. Slick cannot make any legal claim since he was not the first member to accept Gemstones offer. So, legally, the yatch should be delivered to Chuck.However if Gemstone persists and delivers the yatch to Dandy, he will be making a major breach in the contact with Chuck, who can fulfill Gemstone immediately for damages.Question TwoThis case discusses about an Oral Contract, that is, one which is not a drafted formal contract between the two parties and where there exists n either evidence nor proof in paternity and signed documents. Generally an oral
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