SECTION A: TO BE COMPLETED BY PUPIL
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Family members Name
Program/Intake & your system manager
Business Law/ 9/ Ms Karen Yap
Pupil No .
Mister. David Alter
Job No .
Assignment Due Date
18th November 08
STATEMENT: I HEREBY DECLARE WHICH THE ATTACHED TASK IS MY OWN WORK. I AM AWARE THAT MERELY AM SUPPOSED OF STEALING ARTICLES OR ANOTHER FORM OF CHEATING, MY WORK WILL BE REFERRED TO THE ACADEMIC REVIEW COMMITTEE/REGISTRAR, WHICH MAY LEAD TO ME GETTING EXPELLED IN THE PROGRAM.
18th November 2008
SECTION B: COMMENTS FROM YOUR LECTURER
On Monday, A recommended to W to buy B's car intended for $12, 000 by content. It is main to distinguish among an invitation to treat and an offer, since an offer once accepted provides an impressive legally binding contract by which does not apply to the so-called acceptance of your invitation to take care of. Therefore , the issue is whether the pitch from A is a deal or a great invitation to deal with.
An offer is defined in Preston Corpn Sdn Bhd v Edward Leong  as a great intimation of willingness by simply an offeror to enter to a legally holding contract. Their terms possibly expressly or perhaps impliedly need to indicate that it can be to be become binding around the offeror when it has been recognized by the offeree. The crucial component that determines whether anything amounts to a offer may be the intention to be bound, which is usually proven by the wording.
Conversely, an invitation to treat is a pitch to negotiate or an effort to receive plans. The person extending the invitation is merely demonstrating the fact that he/she is usually willing to access negotiations but is not bound to acknowledge any offers made.
Nevertheless, in the English of Johnson v Hughes , the the courtroom emphasized which the important thing is not a party's real intentions but what sort of reasonable person would view the situation. This can be due generally to good sense as every party probably would not wish to breach his part of the agreement if it would make him/her blameworthy to injuries.
The details of A's page are disregarded, thus which makes it the more hard to assess the express and implied terms of the proposal, which could come in handy to determine whether or not there is certainly an purpose to be destined. Although potential buyers may have inclination to negotiate around the terms, rarely will there be one who will do therefore after starting a proposal. Once taken the initiative and had been through the hassle to publish out a letter and possess it delivered, this shows an expression of willingness to obtain therefore it is encomiable that there is a great intention to be bound. But of course this would be my personal presumptions like a reasonable person.
Wrapping up, i believe, this proposal from A is suggested to get an offer rather than an request to treat and once there is a great acceptance coming from B, a mere agreement will be formed. A few prerequisites are mandatory to create an offer valid, thus qualified prospects on to the following case.
The letter of offer from A was misplaced by postman and picked up by B's neighbor, C who also passes B the letter on Thursday. Logically; an offer must be acknowledged by the offeree to be valid. The concern here is whether the present from A was disseminated and validated.
As stated in Barnes. ain al. (2006, p. 166) " The act of communicating the offer shows that the offeror is happy to be bound by the terms. On the other hand, a non-communicated...
Cited: Low, K. Y., et 's. Business & The Law, 1997. Singapore: Pitman Publishing Asia Pacific
Key, W. T
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