1a) This assignment is based on Homewares Ltd whose director is Peter. I will be looking at the legal obligations peter has to oblige to as the director of the company. Also I will be advising where they stand legally now the company is facing liquidation. Lastly I will advise Peter on what business type would be most suited to him and the new company he wants to open. Tracey and Tina are also directors of the company so I will be discussing what their roles should contain of as directors To make sure the company is following its constitution and making sure that they are acting within their power. Duty to not benefit from a third party based on the being directors of the company or for just doing something or not doing something. …show more content…
So now Adam can accept bens offer The postal rule states that when letter is stamped and put it the post box it is seen as being accepted straightaway. The postal rule - Adams v Lindsell [1818] so as Adam as seen it and is willing to accept, the postal rule is way to make or receive an offer by meaning When the sale for the car was advertised it did not a postal offer would be allowed but it does state that the offer stands for one day only. So again this puts Peter before Ben because he has the contract but seeing as he wants to pull out Adam can accept Bens offer. There was also a similar case with Adams v Lindsell as a court had decided that the contract was in place as soon as the letter was sent so they cannot be sued with breathing the contract. Therefore it wasn’t stated on the advertisement that a reply can be made by post. Unilateral contract- this is where the offer is accepted by the offered party by keeping their side of the bargain a previous case for this was is the carbolic smoke study – Carlill v Carbolic Small Ball Company. Carlill v Carbolic Small Ball Company (1893)-The court appeal made by carlill was held as she had accepted the offer and performed all the conditions which were stated on the offer so therefore she was entitled to the reward due to the unilateral contract. Bilateral-when both parties have
To ensure that all concerns / complaints are dealt with in accordance with the
When majority of the people think about the contracts, bilateral agreements come to their mind. As in its most basic form, as bilateral contract is an agreement at least between two people or more groups. Most personal and business contracts would fall into this category. Whereas the simplest way to understand unilateral business contract is by analyzing the word 'unilateral.' In its general terms, as unilateral contracts will involve an action undertaken by either one person or by any group alone. However in contract law, unilateral contracts will allow only one person to make an agreement or promise.
To make sure all employees are supplied with a copy of the Health and Safety policy and that they are aware of their responsibilities.
Acceptance-This basically means that the terms of the offer have been clearly understood and agreed to through consent and assent and at no time will the terms be changed.
Contract A / Contract B: Contract A or unilateral “tendering contract” – offer by Owner to many bidders to enter into Contract A and offer by tenderer to enter into bilateral Contract B - arises on submission of valid tender, with terms determined by tender documents:
• a duty to act within powers, that is, to act in accordance with the company’s constitution
To ensure that all concerns / complaints are dealt with in accordance with the procedures.
Therefore, any contract the court finds to be unreasonable, or unfair, can be eliminated. This is known as an unconscionable contract. Procedural unconscionability looks to the negotiation process to see if the words in the contract were laid out fairly, or if certain terms were hidden. On the other hand, substantive unconscionability looks to eliminate unfair contractual terms. This will look to any prices or limitations that seem unfair within the contract. This is common when a buyer has an unequal bargaining position, resulting in the seller asking for an absurd amount of money for a particular good or service. Any contract found unconscionable can become unenforceable, in order to ensure the integrity of the sale of
is to maintain the confidentiality of those that are employed by the company along with company
As a doctrine in contract law, the postal acceptance rule states that if mail is a rational means of delivery for an acceptance, the acceptance becomes applicable on the date its postmarked and dropped in the mailbox ("What is the Mailbox Rule?" n.d.). Therefore, the rule is applicable for payments in insurance premiums where it's considered as a way of accepting the contract with its postmarked date being the acceptance date. Since its inception and establishment in the early 1800s, the postal acceptance rule is a common characteristic of legal standards in various nations like Australia.
There are two types of offer; specific and general. Specific offers are those made by one person or group of people who can choose to accept, and general offers are made to a generalised majority, such as in rewards and public advertisements. In the case of CARLILL v CARBOLIC SMOKE BALL, a general offer had been made, as it was a publicised advert. The company did not comply with the terms that it had stated; therefore the court held that the contract had been breached as an offer had been made. It was rightly decided that most offers
Mrs. Turner has decided to start her own business running a private day nursery. It is
The postal rule was developed to facilitate contracting at a distance. Initially, bargaining at a distance often posed a great challenge to bargaining parties especially through the postal services. This was mainly because via the mail parties could not know simultaneously whether they had reached an agreement. As a result a general rule indicating the time of an acceptance had to be established. Consequently the postal acceptance rule was developed .The postal rule function to create an exception to the general rule, which stipulates that an acceptance will only be effective upon receipt
Before unilateral contracts come into place, contract law is about a promise for a promise. Cases such as Carlill v Carbonic Smoke Ball Co. have shown how the contract law has adapted to accommodate this form of contract. Judges seek to identify consideration and acceptance in unilateral contracts whilst managing to achieve a balance between protecting reasonable expectation of an honest man and retaining respect for the sanctity of contract.