Question 1 The issue of this question is whether Scott and Kyle can bring legal action against Wayne for what they feel is a breach of contract. Under the law governing offer and acceptance‚ a valid offer has been made through an advertisement. In order for an offer to be accepted‚ the party must entirely accept the offer. The rules governing acceptance has to be positive not passive. Silence does not forms acceptance. The general rule of acceptance is that the acceptance must be received by
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Carlill v Carbolic Smoke Ball Co | | |[pic] | |Court |Court of Appeal (Civil Division) | |Full case name |Louisa Carlill v Carbolic Smoke Ball Company | |Date decided |7 December 1893 | |Citation(s) |[1892] EWCA Civ 1‚ [1893] 1 QB 256 | |Judge(s) sitting |Lindley LJ‚ Bowen LJ and AL Smith
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Explain the facts‚ issues and reason in the case of Carlill v Carbolic Smoke Ball Company. FACTS The Carbolic Smoke Ball Company made a product called the "smoke ball". It claimed to be a cure for influenza and a number of other diseases‚ in the context of the 1889-1890 flu pandemic (estimated to have killed 1 million people). The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (or phenol). The tube would be inserted into a user’s nose and squeezed at the bottom
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Carlill v. Carbolic Smoke Ball Co. [1893] Q.B. 256 (C.A.) Facts The Defendants were a medical company named “Carbolic Smoke Ball”. Who manufactured and sold a product called the "smoke ball"‚ a cure for influenza and a number of other diseases. The company published advertisements in the Pall Mall Gazette and other newspapers on November 13‚ 1891‚ claiming that it would pay £100 to anyone who got sick with influenza after using its product three times a day for two weeks‚ according to the
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Application 1: In this scenario‚ Adrian act as a promisor while the Melissa act as a promisee. Adrian had made an offer to a specific person which is Melissa. Hence‚ only Melissa can accept the offer that made by Adrian. Thus‚ when the offer is accepted by Melissa‚ it becomes a bilateral contract (agreement that involve two person or groups). The offer that made by Adrian to Melissa in this scenario is made expressly which is made in word. Adrian had sent an offer letter to Melissa on 1st November
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Assignment 1 Part A. Question 1: Going to the following website http://www.austlii.edu.au / and locate the Mildura case: the full citation of the case is: Mildura office equipment & supplies Pty Ltd v Canon Finance Australia Ltd [2006] VSC 42 (16 February 2006) Explain briefly how you found it. There are many way to look for the case .But in my opinion the best way to find it exactly is step 1 firstly Go to the website http://www.austlii.edu.au /. After that on the first page it appears cases
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"You’re not going." Just like that‚ they struck a deal. Of course‚ only one of them were aware of the deal and its terms: one man would enforce his will‚ and the other would cave. "I’m sorry‚ I don’t want trouble‚" Solomon said in an apologetic‚ non-threatening tone. "I just want to pass through and get home peacefully. I’m not bothering anyone." Solomon’s hands were raised shoulder height with his palms facing the man in front of him‚ the universal sign for "I give up." It was true‚ he really
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Agency refers to a consensual bilateral agreement whereby one party‚ the principal authorizes another‚ the agent‚ to exercise decisions on his behalf‚ usually with a third party involved. In this particular case Duncan is deemed to be the principal‚ Fred the agent and the plumber the third party. There are many rules when it comes to the creation of an agency contract‚ mainly the principal must be in existence during time of agreement and he must also know and authorize the agreement. If an agent
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Did Jim and Laura Buy a Car? Tracie Lewis Professor Ericka Harden Business Law I February 11‚ 2018 A contract is an agreement that is either spoken or written and is enforceable by the law. For the contract to be valid and binding‚ several elements must exist. Execution‚ mutual promises‚ parties‚ and terms of performance are the factors that must exist. There also must be an offer‚ consideration‚ acceptance‚ and mutuality for a contract to remain legally binding and helpful on instances
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Sample case summary of Carlill v Carbolic Smoke Ball Co [1892] 2 QB 484 Prepared by Claire Macken Facts: • Carbolic Smoke Ball Co (def) promises in ad to pay 100 pounds to any person who contracts flu after using smoke ball. • Carlill (plaintiff) uses ball but contracts flu + relies on ad. Issue: Was there a binding contract between the parties? - A contract requires notification of acceptance - Did Mrs Carlill notify Carbolic of the acceptance of the offer? - Did Mrs Carlill provide
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