Contract Law - Offer, Acceptance And Consideration

Introduction In response to Dans enquiry in suck up a line of Tonys potential engagement as the sole distributor, Dan is discuss to consider his legal positions as discussed in the following. It is pretended Hong Kong legality is applied. 1 First restitution - whether Dan has a valid carry with Sonia? If Dan appoints Tony as the sole distributor, in all his TV sets will be distributed by Tony. Dan might gravel legal liabilities if Dan thereafter sells TV sets privately to Sonia. Therefore, the outset field is whether Dan has a valid sign on with Sonia. To assess this, we first assume Dans TV quote is an invitation to treat (ITT) (Grainger v Gough). Since the advert was addressed to the public and there was no lift of price and the exact discount percentage. Thus, it is assumed Dans goal is to oblige further bargains or negotiation. Although this advertisement included a performance of act (ie. first twenty people who procure the TV), this is to b e distinguished from Lefkowitz since it did non undertake the exact time and location. 2.1 presumptuous Dans TV advert is an ITT Assuming the TV advert is an ITT, Sonias first do would constitute as an proffer to Dan, since it was specific, showing clear style of willingness with clear intention to Dan.

(Storer v Manchester CC) 2.2 Dans Email as an offer Following Sonias offer, Dans later email to Sonias company account, was a counter-offer since it quoted a price higher and offered no discount (Combi (Singapore) Pte v Winston Camera). Simultaneously, Sonias original offer would last invalid. Dan might extremity to argue his email offer is not legally recognized, as to avoid a binding contract. ! However, per S.17(1) electronic Transactions statute (ETO), it stated unless otherwise agreed. offer and acceptance may. by means of electronic records. Since Sonia and Dan have never do prior agreement not to utilisation email, this email offer accords the same legal status as a...If you want to get a full essay, order it on our website: OrderEssay.net

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