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Contract Law- Offer and Acceptance
Judgment for Zinni. According to §2-206 of the UCC, unless otherwise stated, an offer to make a contract is to be construed as inviting acceptance in any manner. Although Royal's form contained a clause that the order was not binding until accepted by the dealer or his authorized representative, the clause did not limit the method of acceptance. Both Zinni and Royal filled out a written order form, which demonstrated a meeting of the minds. Furthermore, the fact that it was Royal's order form was enough to make it an enforceable writing against Royal under the Statute of Frauds as embodied in the UCC.
Reserve was incorrect in its defense to Duckett's claim. According to the mailbox rule, an acceptance (except in cases of option contracts) is valid at the time that it is placed in the mailbox. Therefore, Duckett's acceptance was considered valid on the date that she placed it into the mailbox. Because the acceptance...
The giving of the deposit was an offer by them to Sunnyland to keep the selected mobile home available at the selected price for a specified period of time. When Sunnyland accepted the deposit, it accepted the Thompsons' offer and the parties entered into an option contract. Therefore, when Sunnyland refused to make the mobile home available to the Thompsons at the specified price, the Thompsons were entitled to recover the amount of their deposit.
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This question is impossible to answer without knowing the nature of the other changes made to the contract by Meister's attorney and the terms of the parties' original contract. According to UCC § 2-207, a definite and seasonable expression of acceptance operates as an acceptance, even if it states terms that are…
Contracts The basic elements of a contract are offer, acceptance and consideration. In this instance, the two parties have agreed to a specific good (consideration) and a specific price. Some specs were written down informally, but there is no evidence that a formal written contract with all of the details exists. The original presentation of the order was an invitation to treat. Sonya and Camille then set out the price and the
Contract Law In modern society, contracts have become an integral part of determining who is responsible for performing various actions in an agreement. It spells out the terms, conditions and how each party must behave in order for it to be enforceable under the law. To fully understand the way that this is occurring requires carefully examining key issues, the offer / acceptance / consideration, the different points-of-view and ethical issues.
Law of Contract Contract law As to concerned definition of law there are many definition among various schools of thought of law such that no particular definition is acceptable to them as universal definition of law, but nevertheless there is a common acceptable definition as to what the law is composed of and that it is a collection of rules and regulations governing human conduct prescribed by human beings for the obedience
Contract law lies at the center of our legal system and serves as the basis of our whole society. Our society relies on free exchange in the marketplace at every stage. Contract law is what makes this probable. Exchanges in the marketplace always rely on voluntary agreements between people. These voluntary agreements would never if there wasn't contract law. Contract law works to make these agreements enforceable, which typically means
Contract Law Under the UCC (Uniform Commercial Code) section 3-405 (Employer's Responsibility for Fraudulent Endorsement by Employee) corporate accounts are exposed to a multitude of fraudulent and forgery risks and therefore it has been mandated that the corporate employer as well as the bank are responsible for keeping a check on their account activities. In the above case, Stewart's client may have issued the check on behalf of the corporate employer
Contract Law In the presented scenario, Brian had been negotiating with Amy for several days without reaching agreement. They finally reached a compromise and agreed that the transaction would proceed. However, it appears as though there was a communication lapse because Amy's bid was higher than Brian's offer, which is unusual in such kind of transactions. Despite these facts, a contract is considered as legally binding if it contains the basic