country
$20 Bonus + 25% OFF
Securing Higher Grades Costing Your Pocket? Book Your Assignment at The Lowest Price Now!

Analyze The Contractual Relationship Of Bill Ciara

tag 0 Download6 Pages 1,339 Words tag Add in library Click this icon and make it bookmark in your library to refer it later. GOT IT

Question:

Discuss about the Analyze the Contractual Relationship of Bill Ciara and Denis with Andy.
 
 

Answer:

Issues

  1. Whether the advertisement placed by Andy is an offer or invitation?
  2. To analyze the contractual relationship of Bill, Ciara and Denis with Andy?

Relevant law

The contract law requires agreement, consideration, intention and capacity to make a valid contract. (Enshen, 2017)

An agreement is the combination of offer and acceptance.

An offer is a suggestion/proposal which is communicated amid an offeror and an offeree. An offer transfers his intention through a proposal and wish that the terms so communicated should be accepted. The offer when comes in the knowledge of the offeree makes an offer complete (Carlill v Carbolic Smoke Ball Co, 1893). (Julie, 2012)

If any party wants to cancel his offer then an offeror must cancel the same before an acceptance is complete by an offeree. Any offer after an acceptance has no validity in law. the revocation must reach the offeree in order to be valid (Byrne v Van Tienhoven, (1880)). (Robert & Bibi, 2017)

In contract law, an invitation is considered not to be an offer. An invitation to treat is an act where a person by placing advertisements, or auctions, notices or tenders or display of goods, invites people to make proposal to the inviter, there making the prosper as offeror. The inviter should accept/reject the proposals/offers of the people to establish an agreement. In (Partridge v Crittenden , [1968] ) an advertisement is held not to be an offer but is an action of invitation to treat.

The offeree upon receipt of the offer must confirm it to make a binding agreement. The confirmation is called acceptance and it should be come within the knowledge of the offeror to make any acceptance binding. Keeping the intention in the mind is not an acceptance, it must be communicated to the offeror to make an agreement. In (Felthouse v Bindley , (1862) ), an acceptance which is not communicated and keeping silence is disregarded as an acceptance in law. (Julie, 2012)

An acceptance when made by post is complete when the letter is posted and not when the same comes in the knowledge of offeror and is held in (Brinkibon v Stahag Stahl und Stahlwarenhandelsgessellschaft mbH, 1983). (Julie, 2012)

When the offeree instated of accepting the offer brings variation to the terms of offer then it is no acceptance and is a counter offer which cancels the offer so made by the offeror. In (Hyde v Wrench , [1840] ) a counter offer is held to be no acceptance in law. The counter offer so made is a new offer. Also, an query by any offeree is not an acceptance in law and does not make an agreement amid the parties (Stevenson Jaques & Co v McLean, (1880) ). (Robert & Bibi, 2017)

Application of law

The law is now applied to the given facts,

Issue 1

An advertisement is placed by Andy in the newspaper.

Now, an advertisement is an invitation as per (Partridge v Crittenden , [1968] )

So, the advertisement by Andy on 30th March is an invitation and Andy must act as an offeree.

So, he has invited people to offer to buy his computer for $ 2500.

 

Contract with Bill

Bill on 1st April an offer is made via telephone to buy the computer @ 3,000 to be payable in 3 months.

This is an offer by Bill with specified terms.

Andy should accept the offer of Bill to make an agreement but he denied the offer by saying that he wants to make a quick sale.

Thus, by decoying the offer, Andy has terminated the offer and there is now no offer which can be later accepted by Andy.

So, the letter which is posted by Bill on 5th April, that he is willing to accept the initial offer that is made by Andy has no relevance because the acceptance which is made by Bill is against the invitation to offer which is made by Andy.

There is no offer to which Bill has shown his acceptable. He must make a new offer to Andy which should be accepted by Andy to make a contract.

So, the letter by Bill has no relevance, thereby, does not make any contract.

Contract with Ciara

Ciara on 2nd April, a telephonic conversation took place with Andy wherein she offer to buy the computer @ 2100 but the cash is payable in seven days.

Thus, an offer is made by Ciara to Andy through telephone which is heard by Andy. Thus, the offer is valid in law.

This offer should be completely accepted by Andy to make an acceptance.

But, Andy does not accept the offer of Ciara. But, he made counter statement according to which he replies that he will take $2300 which is payable in seven days time.

So, as per (Hyde v Wrench , [1840] ) a counter offer is made which has terminated the offer of Ciara.

Now, an offer is made by Andy to Ciara with new terms. Andy is an offeror now, and Ciara must accept the new offer to make a valid contract.

Now, Ciara makes a query regarding the ability of the computer to burn DVD. Now, as per (Stevenson Jaques & Co v McLean, (1880) ), no enquiry is an acceptance. So, no acceptance is still made by Ciara.

Now, on 6th April, a letter of acceptance is posted by Ciara and as per (Brinkibon v Stahag Stahl und Stahlwarenhandelsgessellschaft mbH, 1983)the acceptance is complete as soon as the letter is posted. The letter is received by Andy on 11th April bout it will not change the sanctity of the acceptance and there is concluding contract amid Andy and Ciara on 6th April.

Now, Andy wants to cancel his offer and thus he posts a letter of revocation to Ciara on 3rd April.  This cancellation is received by Ciara on 7th April. So the revocation is complete on the part of Ciara is when she comes within her knowledge, that is, 7th April. But, an acceptance is already made by Ciara, that is, on 6th, before the offer is relocated.

So, the revocation is of no significance.

Contract with Denis

On 2nd April, a telephonic conversation took place amid Denis and Andy wherein Denis offer to buy the computer @ $2,400.  He further submitted that if he does not receive any reply from Andy then he will consider the same as deem acceptance.

Andy does not accept the offer and submits that he will think about the same and completely forgets about the same.

Now, Andy has forgotten about the offer and no acceptance is made by him. His silence cannot be construed as an acceptance as per (Felthouse v Bindley , (1862) ) as communication of the same is prime to consider an acceptance complete and valid in law.

So, there is no acceptance which is made by Andy.

Later when Denis intends to collect the computer, then, he cannot do so because there is no acceptance that is made by Andy to the offer of Denis.

Conclusion

It is concluded, that Andy has established a valid contract with Ciara on 6th April when the letter of acceptance is posted by Ciara to Andy.

There is no contract amid Andy and Bill because the offer which is made by Bill was not accepted by Andy and later there is no new offer which is made by Bill to Andy which is accepted by Andy to make a valid contract.

Also, Denis cannot ask for the compute because the offer which is made by him is not accepted by Andy by making any express acceptance. Silence is no acceptance.

 

Bibliography

Brinkibon v Stahag Stahl und Stahlwarenhandelsgessellschaft mbH (1983).

Byrne v Van Tienhoven ((1880)).

Carlill v Carbolic Smoke Ball Co (1893).

Enshen, l. (2017). Business and corporate law (Second edition. ed.). Sydney: Thomson Reuters (Professional) Australia Limited.

Felthouse v Bindley ((1862) ).

Hyde v Wrench ([1840] ).

Julie, C. (2012). Agreement. Retrieved May 10, 2017, from Australian Contract Law: https://www.australiancontractlaw.com/law/formation-agreement.html

Partridge v Crittenden ([1968] ).

Robert, M., & Bibi, S. (2017, May 9). Termination of an offer. Australia.

Stevenson Jaques & Co v McLean ((1880) ).

OR

Cite This Work

To export a reference to this article please select a referencing stye below:

My Assignment Help. (2018). Analyze The Contractual Relationship Of Bill Ciara. Retrieved from https://myassignmenthelp.com/free-samples/analyze-the-contractual-relationship-of-bill-ciara.

"Analyze The Contractual Relationship Of Bill Ciara." My Assignment Help, 2018, https://myassignmenthelp.com/free-samples/analyze-the-contractual-relationship-of-bill-ciara.

My Assignment Help (2018) Analyze The Contractual Relationship Of Bill Ciara [Online]. Available from: https://myassignmenthelp.com/free-samples/analyze-the-contractual-relationship-of-bill-ciara
[Accessed 06 April 2020].

My Assignment Help. 'Analyze The Contractual Relationship Of Bill Ciara' (My Assignment Help, 2018) <https://myassignmenthelp.com/free-samples/analyze-the-contractual-relationship-of-bill-ciara> accessed 06 April 2020.

My Assignment Help. Analyze The Contractual Relationship Of Bill Ciara [Internet]. My Assignment Help. 2018 [cited 06 April 2020]. Available from: https://myassignmenthelp.com/free-samples/analyze-the-contractual-relationship-of-bill-ciara.


For years, MyAssignmenthelp.com has been operating as one of the cheap assignment help providers in the USA. We are one of the best college paper writing services that keep service price minimal. We do not let the affordability of our service to hamper the standard of our work. We have separate teams of experts to provide report writing help . At MyAssigenmnthelp.com, we believe in earning credibility, so students can pay for assignments only after getting satisfied solutions. Tough assignments bother you? Trust us with your project. You will not regret paying us to write assignments for you.

Latest Business Law Samples

BULAW5914 Commercial Law

Download : 0 | Pages : 11
  • Course Code: BULAW5914
  • University: Federation University
  • Country: Australia

Answer: Material Facts Samsung launched the Galaxy Note 7 smartphone in August 2016, and it was discontinued by the company in October 2016. The reason for discontinuing the smartphone was the battery issue in the phone which caused some phones to generate excessive heat. Due to excessive heat, many smartphones caught fire, and they caused physical injuries to the customers. The company recalled its smartphones and also took measures to reduc...

Read More arrow

MBA506 Conflict Management Analysis And Evaluation

Download : 0 | Pages : 9
  • Course Code: MBA506
  • University: Kaplan Business School
  • Country: United States

Answer: Introduction The below report provides an in-depth analysis of the analysis of the debate which has happened between Lemon, Camerota and Reza. The issue of debate was ‘Is Islam and terrorism are the same'. The report also provides a deep analysis of each and every participant present in the debate. It also contains the intention and perspective of every party of the debate. In the end, the rights of women are also discussed in t...

Read More arrow

BLO 5540 Business And Company Law

Download : 0 | Pages : 10
  • Course Code: BLO 5540
  • University: Victoria University
  • Country: Australia

Answer: Introduction: In Australia, the Corporations Act 2001 (Cth) is the key legislation which governs the operations of companies in the country. As per this Act, various duties are imposed on directors to ensure that they conduct their operations in an ethical manner without adversely affecting the interest of the company or its stakeholders. The directors have to comply with these regulations in order to avoid legal consequence...

Read More arrow

LAWS11057 Introduction To Law

Download : 0 | Pages : 9
  • Course Code: LAWS11057
  • University: Central Queensland University
  • Country: Australia

Answer: Introduction: Legal Problem Solving Toolkit is a guideline for the legal practitioners that enables them to understand and solve various legal issues and problems that they might come across by virtue of their law practice. It contains various stages and approaches that must be addressed while solving a legal problem. A proper Legal Problem Solving Toolkit must contain all the necessary tools, which can ensure that all the viewpoints ...

Read More arrow

CLWM4000 Business And Corporations Law1

Download : 0 | Pages : 7

Answer: The issue is to determine whether Martin had a duty of care towards Simon. The tort of negligence depends majorly upon the fact that whether there is an existence of duty of care by the defendant towards the claimant. Recognising one's legal duty of care is an obligation on the part of the defendant who must adhere to the reasonable standard of care for avoiding any possible injury to the claimant as held in Donoghue v Stevenson ...

Read More arrow
Next
watch

Save Time & improve Grades

Just share your requirements and get customized solutions on time.

question
We will use e-mail only for:

arrow Communication regarding your orders

arrow To send you invoices, and other billing info

arrow To provide you with information of offers and other benefits

1,245,154

Orders

4.9/5

Overall Rating

5,067

Experts

Our Amazing Features

delivery

On Time Delivery

Our writers make sure that all orders are submitted, prior to the deadline.

work

Plagiarism Free Work

Using reliable plagiarism detection software, Turnitin.com.We only provide customized 100 percent original papers.

time

24 X 7 Live Help

Feel free to contact our assignment writing services any time via phone, email or live chat.

subject

Services For All Subjects

Our writers can provide you professional writing assistance on any subject at any level.

price

Best Price Guarantee

Our best price guarantee ensures that the features we offer cannot be matched by any of the competitors.

Our Experts

Assignment writing guide
student rating student rating student rating student rating student rating 5/5

755 Order Completed

95% Response Time

Douglas Cowley

Masters in Finance with Specialization in Audit

Wellington, New Zealand

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 4/5

2594 Order Completed

95% Response Time

Michael Johnson

Masters of MSc in Economics

Washington, United States

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

647 Order Completed

98% Response Time

Adlina Han

Masters in Marketing with Specialization in Branding

Singapore, Singapore

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

2279 Order Completed

97% Response Time

Zachary Perez

PhD in Computer Science and Information System

Washington, United States

Hire Me

FREE Tools

plagiarism

Plagiarism Checker

Get all your documents checked for plagiarism or duplicacy with us.

essay

Essay Typer

Get different kinds of essays typed in minutes with clicks.

edit

GPA Calculator

Calculate your semester grades and cumulative GPa with our GPA Calculator.

referencing

Chemical Equation Balancer

Balance any chemical equation in minutes just by entering the formula.

calculator

Word Counter & Page Calculator

Calculate the number of words and number of pages of all your academic documents.

Refer Just 5 Friends to Earn More than $2000

Check your estimated earning as per your ability

1

1

1

Your Approx Earning

Live Review

Our Mission Client Satisfaction

Very fast and smooth service. The assignment I have received was highly satisfied.

flag

User Id: 218337 - 06 Apr 2020

Australia

student rating student rating student rating student rating student rating

it was grade homework and great time , I have a 5 point thanks , I will work with you always.

flag

User Id: 359586 - 06 Apr 2020

Australia

student rating student rating student rating student rating student rating

It was done very nicely and well before the deadline. I am very happy with the content and the expert

flag

User Id: 354422 - 06 Apr 2020

Australia

student rating student rating student rating student rating student rating

The work done was amazing! Helped me to get through my semester in flying colors. Worth every penny!

flag

User Id: 339159 - 06 Apr 2020

Australia

student rating student rating student rating student rating student rating
callback request mobile
Have any Query?