Sunday, May 5, 2019

Valid Contracs Essay Example | Topics and Well Written Essays - 1500 words

Valid Contracs - Essay ExampleIn the given case, on Monday, Eddie asked Adele for a quote on the expense of wild boar piglets. This is non an offer provided a mere inquiry. Simple queries for information do not amount to offers. Adele replied that the piglets would cost ?13,350 including delivery charges. Eddie said that the price was acceptable. This means that Eddie did not accept the price. There is a huge difference among accepted and acceptable. He further asked if Adele could deliver the piglets on Wednesday. This is again not an offer but a statement do in negotiation. Such offers also do not amount to offers. In Harvey V Facey 1893 AC 552, the complainant was interested in buying some land from the suspect. He asked the defendant the minimum price that he would accept. The defendant replied with a price. The plaintiff attempted to accept that price but the defendant refused to sell. It was held that the defendants reply was just a step in negotiation and not an offer. A dele told Eddie that she would fax her answer on the next morning i.e. Tuesday. Adele faxed her answer as promised but Eddie was not his office. Adele had agreed to deliver the piglets on Wednesday at the same cost. Adele did not wait for Eddies response and sent her driver to deliver the piglets.... The defendant refused to net for them. A suit was brought by the plaintiff for breach of contract. It was held that the mistake made by the defendant did not entitle him to breach the contract. It was because his conduct was such that a reasonable person could have easily believed that he wanted the same oats as he was shown as a sample. Also in Plate v. Durst (1896) 32 LRA 404, the defendant was promised ?1000 and a diamond ring if she would remain his domestic servant for 10 years. She accomplish the promise. It turned out that the defendant intended his statement to be a joke. It was held that the parties had entered into a contract because the defendants statement was such that a reasonable person could have easily construed it as a promise. The above mentioned case helps in determination of the fact whether a contract has been made between Eddie and Adele. From the facts, it jakes be seen that Eddie never made an offer to Adele clearly. It can be seen that Eddie wanted the piglets to be delivered on Wednesday but there is no statement that can establish the fact that if Adele could deliver the piglets on time, Eddie was ready to bribe them from her. His statement is just a step in negotiation an intimation of his intentions. Eddies contract with beam is not a breach of contract with Adele because there was no contract formed with her. The relationship between Eddie and Adele is devoid of the essentials of a valid contract. Therefore, Eddie would not be held liable for damages and the additional ?400. Answer 2 According to the given facts, Adele was hit by a fork-lift truck at Bambi Stores. The truck was being dictated by Reggie, an employee of the store . Bambi Stores claim to have no liability for loss caused to Adele because they had written

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