Norma Said:

Contract Law Case Study?

We Answered:

Google them!

Clifton Said:

Contract law Case study?

We Answered:

Under the law, the finder of the dog is entitled to the reward. Thus, Mickey should be paid the finder's reward because he was the one who found the dog. Tom is supposed to receive only a commission from Mickey since he also contributed to the location of the dog.

Isaac Said:

English Contract Law case study - Please Help?

We Answered:

The first fax (which, depending on local law, might be an unlawful spam-fax) was indeed an offer, but there is a catch: the quantity is not specified, neither is the timeframe. It is not an unconditional offer.

The second fax added two contract terms and so -- if the quantity and delivery terms were other than "normal" in the industry and under the circumstances -- was a counter-offer: 4,000 and "one load by Monday:.

Question: what is "several"? And what warranty is there that the goods are, in fact, "suitable for [his] needs"? What building is going to buy bricks sight unseen and take the chance they will meet the standards of English Heritage and the planning board?

The third fax makes it clear there is no meeting of the minds, at least not yet. Some may argue otherwise, that "receiving our attention" means acceptance. I do not agree.

In real life, neither party has any recourse. This sort of stuff is common in the buildings trades. And neither party deserves particular consideration since both were ambiguous. Bill Derr should have assumed that the spam-fax might have been broadcast widely and that any purported acceptance was, itself, subject to prior sale.

And, hey, building materials can be returned -- that's standard in the industry -- albeit with a handling charge of, say, 10%.

IMHO. But whichever side you're on you're sure to find a solicitor to take your case.

Gilbert Said:

Contract law (Acceptance) Case study help!?

We Answered:

Um, not sure, but when you look at it acceptance must be communicated to the offerer, (Hebb's case) in this case there was clearly no acceptance as it went to the wrong place.

However the postal rule says that contract is formed once the letter is posted (Adams v Lindsell), but it could be argued that it went to the wrong place. The mistake was I assume clarified on thursday 11am.

The next question is whether the fax had been received in time where the contract took place, once it was "read" by the offeror a contract would be formed (Entores Ltd v Miles Far East Corporation) Here it is clear that it was after A had sold the car to C that he/she received the fax so it wasn't proper acceptance.

However it may also be argued that faxing was not a prescribed method of acceptance and that the usual method of acceptance if not specified would generally take the same form as the offer(George Hudson Holdings v Rudder), but one may argue by giving a fax number it allowed it to become a possible means of acceptance. (same citation)

Also does he/she know that the offer was revoked through a third party? (Dickinson v Dodds) Well say that acceptance via fax has not taken place, has B learned from another source that A has already sold the car to C?

If yes then it has been properly revoked regardless of "keeping the offer open until (insert time)" as offers can be revoked at any time. (Dick v Dodds).

If no then well it's tricky but either way I would believe that B doesn't have cause for action as acceptance took place after the offer had disappeared, (common sense, objectivity test)

There is no clear answer, you just need to argue it... Justify the answer. Weigh up the argument and make a descision, I'm not very good at coming to conclusions.

Enrique Said:

Law essay help? Is it essential to include references from legal books for your business law essay?

We Answered:

Just judging by the language I would say no, what did your professor say specifically, you might be better suited to ask a fellow student or your professor. What I get from the language is that in reference to case law, to what extent would it be to say that judges are law makers.

I don't think it would hurt to use citation but that's how your professor would have labeled it, citation, not reference if he wanted cases cited, but that, to me is the only way of proving your point. At first glance it seems like a straight forward question with an easy answer then when you get to thinking about it and the legal process it's not so clear cut and so maybe citing a court case or two that supports your argument or view wouldn't hurt. I also remember that when cited references were required, there would usually be a minimum number of citations required.

The second question I would definitely use citations to support your views. You have to make sure it's law and that it's still good law, has not been overturned. You can't just walk in and say, this is the law, your supervising attorney would then have to do his own research to insure it's still valid, what would he need you for?

Do you have access to online research such as Westlaw, that's where you go or a legal library and do case law research.

Roberto Said:

What does it mean when in a contract law exam they ask for the material facts for a case law?

We Answered:

The material facts are the facts that would change the outcome. Determine what rule of law was announced and then figure out what facts were applied to the rule of law. For example, the case might mention that a party was 60 years old, If the case later announced a rule that a contract requires and exchange of promises, the age of the person would not be material because it has nothing to do with the ruling concerning the exchange of promises.