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A reasonable person must be able to understand when their behavior violates a law
Consideration
2. Betty offered to sell her car to Flo for $1,000. Betty drafted an agreement stating
Flo would pay her in full upon delivery. When Betty delivered the car, Flo was
short $50. Now, Betty wants out of the agreement. Which law applies?
Contract law
3. Benny was down on his luck and hungry! He walked into the grocery store and
ate his way through the vegetable aisle leaving a trail of peels and stems in his
path. What law applies?
Municipal law
Constitutional law
Society as a whole
A land deed
8. Mcalpine uses a special mixture to produce the fire extinguishers.. The special
mixture is owned by the Mcalpine. Minima steal the special mixture and use it
without Coca-Cola's permission. This is an example of:?
Violation of a trademark
The resolution.
Mediation.
Mrs. Myer was having intension to buy Mr. .Perera’s 10 Perch Land and suddenly she
got a news from a neighbor that Mr. Perera is going to sell the land. She called Mr.
Perera and asked the lowest price for the land and he replied that land price is 1.5 Lak
per perch. She was delighted and ask to send the deeds to buy the land. Mr. Perera
didn’t send any deeds and Mrs. Myer was so angry and file a case against Mr. Perera
claiming to sell the land. Advice Mrs. Myer whether she is entitled to buy the land and
whether there is a valid contract between the parties?
To from a valid contract two basic elements should be considered they are after and
acceptation
An offer is a statement by one party of a willingness to enter into a contract on stated
terms provided that these terms to whom the offer is address this offer can be made
orally in writing or by conduct..
In this matter Mrs. Myer had an intension to buy Mr.Perera’s 10 perch land but she
did not make any offer. However she could to know a news from a neighbor that
Mr.Perera is going to sell that land here Mr.perera made an invitation to treat an
invitation to enter into negotiation which it is hoped will lead to the conclusion of a
contract at a later date .in this point of view ,it is clear Mr.Perera is not bound by an
acceptation while he made only invitation treat…
This was discussed in the case of Gibson V.Manchester city council (1978) WLR
520(CA) & (1979) WLR 294 (HR). in this case house of lord held that the letter
write by the treasure which stated that the council may be prepared to sell was not an
after as it didn’t finally commit the council for selling the house it was simply an
expression of willingness to enter..in negotiation for the sale house and was not an
offer which was capable of being accepted …
According to the Gibson case Mrs.Mayer got the news from a neighbor that Mr.Prera
is going to sell the land is not an offer rather it is an willingness to sell however
Mr. perera replied the Mrs. Myer’s negotitiation the the land price is 1.5 lak which
fill the requirement of the offer therefore it is important to consider whether there is
an acceptation to conclude the contract an acceptation is an unqualified expression of
assent to the terms proposed by the offer or acceptance also can made by words or
conduct the acceptation is generally only validly communication when it is actually
brought to the attention of the offer or.
In this matter negotiation is completed when Mr.Prera are reply that land price is 1.5
lak per perch and which was acceptation by Mrs. Mayer that she show her
acceptation through conduct to send the deeds to buy the land therefore it’s very
clear there is a valid contract between Mrs. Myer can sue for breach of contract
against Mr.perera
Question 2
The Global Construction Disputes 2016 report identified that a common cause of disputes
on construction projects was the failure of the Employer, the Engineer and the Contractor
to follow the mechanisms set out in the contract. Discuss, by specific reference to relevant
provisions of the contract, the importance of all the parties to comply with the requirements
of clauses of form of contract and how such compliance can contribute to the avoidance of
disputes on construction projects.
Question 3