The prevailing party being Pearsall argued that by exchanging mutual promises to share in the proceeds of the winning tickets, adequate consideration was given. He also argued that not only did Alexander give his verbal consent, he also snatched the tickets and anxiously scratched them when he contributed nothing to purchase the tickets making it evident he was “in on it” to share the proceeds. Another key point is dealing with legal detriment. Alexander, by his verbal promise, was obligated to split half of the proceeds with Pearsall and failed…
* The document provided that “This sale will become unconditional upon the purchaser paying the amount of $1,000 into the vendor’s bank account. The purchaser agrees to pay a further $299,000 to the vendor’s solicitor upon exchange of contracts, not later than 16 June 2002 and the balance ($2,700,00) at settlement 1 July 2002.…
14. Radio station KSCS announced that it would pay $25,000 to any listener who detected that it didn’t play three songs in a row, but when Steve Jennings listened and heard a program where two songs were played followed by a commercial, he claimed the $25,000. The station refused to pay on the ground that there was no consideration for its promise to pay that amount. Consideration is the bargained-for exchange between the parties to a contract. It can consist of either a benefit to the promisor or a loss or detriment to the promisee. So when a promise acts to his detriment in reliance upon a promise there is sufficient consideration to bind the promisor to his promise. In this case it can be said that Jennings listened to the radio…
Hit the Harbour with Harry (Hit the Harbour) is considering whether they are eligible to claim compensation for the financial loss incurred when the their engine was stolen whilst undergoing repairs at Smooth Sailing Pty Ltd’s (Smooth Sailing) premises. To determine whether Hit the Harbour is contractually entitled to compensation for the loss of the engine, it must be determined if a legally binding contract exists. Once it has been confirmed that both parties knowing entered into a legally binding relationship, it will then be necessary to determine whether Harry is bound by the words of the exclusion clause stated on the back of the receipt and on Smooth Sailing’s website.…
‘The Scope and Limitations of the Doctrine of Misleading or Deceptive Conduct In the Context of Guarantees: Some perspectives and uncertainties’ (2006) 3 Macquarie Journal of Business Law 79…
A court would not enforce the promise. If the terms of the contract express such uncertainty of performance that the promisor has not definitely promised to do anything, the promise is said to be illusory – without consideration and unenforceable.…
Contention: The Exchequer Chamber’s 1875 definition of consideration is that the contract is consideration. William E.Story, 2d did the things which his uncle require him. And Louisa W. Hamer has the legal right. So Franklin Sidway should give the money to Louisa W. Hamer.…
Consider comparative advantages and disadvantages of each form of association in the light of facts given.…
The main dispute here is if the $100 deposit was a valid contract to buy the car as the salesman is stating. Prior to this the timeline went as following, Jim and Laura met Stan the salesman who shows off an array of options based on the preferences Jim and Laura presented. Stan allows Jim and Laura to test drive these cars to get a feel for the experience behind the wheel. Jim and Laura then decide on the blue 4-door sedan as their favorite, and this is the car listed in the contract by Stan. At this point the selection here was an equivalent of bookmarking or favoriting something on a web browser for example. Also we see no signs of a contract being…
1. The plaintiffs are all citizens of a state or states different from the state or…
Agreement, the first of the six relevant elements, is a meeting of two or more minds in regard to the terms of a contract. The process of agreement usually involves two steps. The first step is offer. An offer is a promise or commitment to perform or refrain from performing some specified future act made by the offer. Secondly ,is acceptance by the offeree either in the form of words or of conduct, which indicate agreement to the terms of the offer. An offer may be made to the general public, but no person can accept such an offer unless he knows that the offer exists. Mr. Shifty indeed entered into an agreement with Mary. His offer was indication of willingness to enter into a contract with her. The agreement consisted of him to observing her story’s synopsis.…
The information revolution and the advances in technology during the past decades has brought to fore many challenges and issues to both governments and businesses, the age-old crime of espionage or the practice of spying to gather secret information is one the most potential issues facing information-based societies. Although, much has been documented as fact and fiction concerning the traditional foreign agents and spies, in today 's world of multi-national, multi-billion dollar corporations, and industrial espionage is a growing danger. Furthermore, this is aggravated by the fact that many large businesses are physically disseminated which has distributed management and administration, and more job specialization.…
who “undertakes to form a company with reference to a given project, and to set it going and… takes the necessary steps to accomplish that purpose” (Cockburn CJ)…
secondly, even if the articles are not altered, it is unlikely that they give H an…
When Frank’s receptionist paid the payment in exchange for the ticket, the envelope containing the ticket was written “PLEASE READ CONDITIONS OF THE ENCLOSED CONTRACT”. The ticket itself contained the exemption clause. It could be said that the exemption clause could have been valid as notice of the clause was given at the time of the contract. However, the issue here is whether reasonable steps had been taken to draw to the attention of Frank…