Considering Elvis Abstract A contract is formed when the offerer promises to do or not to do something. Acceptance is the offeree agreeing to do what is requested in the offer. An offer may end in several ways‚ in particular‚ by the death of the offerer or offeree. In order for the agreement to be effective both parties to contract must give consideration‚ the offer must be serious‚ and clearly stated. The promise Elvis Presley made prior to Jo Laverne Alden prior to his death may be enforceable
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Illusory Promise | You be the Judge Case Study An illusory promise sounds like a promise or commitment‚ but is not really a promise or commitment to do anything. Because it does not bind the maker to do anything‚ it may not be treated as consideration to establish a contract. Culbertson v. Brodsky Culbertson had listed real estate for sale. Brodsky & Culbertson signed an option contract. Option document: - Brodsky delivers $5‚000 check to bank; - Bank holds
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Suman Siva Prof. Jeong Chun Phuoc 012014111647 Assignment 2 – Weekly Case Law Critique WEEK 1 CASE LAW ON CARLILL V CARBOLIC SMOKE BALL (1893) Issue 1. Was the advertisement by Carbolic Smoke Ball Co. a contract with the whole world? 2. Was the advertisement by Carbolic Smoke Ball Co.‚ rewarding 100 pounds to any person who uses the product (smoke ball) as directed for a given period and still get contracted to influenza‚ colds or other diseases a "mere puff"/ “nudum pactum” ? Analysis From my
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Material facts The Carbolic Smoke Ball Company made a product that it claimed could protect the user from contracting influenza. The Company published advertisements claiming that it would pay £100 to anyone who got sick with influenza after using its product according to the instructions set out in the advertisement. Specifically‚ they stated: £100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza‚ colds or any disease caused
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1. Under the theories of obligation and performance‚ and given that Allison wants to keep the car‚ what can she do? The applicable law is governed by the UCC under express warranty. “An express warranty is a statement of fact or promise of performance relating to the goods that becomes a basis of the buy’s bargain” (Twomey and Jennings‚ 2014‚ p. 518). Since Alice wants to keep the car‚ Bill has an obligation of good faith under the UCC concerning the performance of the contract. Under
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Wheeler vs. Jennings Tamera Besser Grantham University Wheeler vs. Jennings What constitutes a breach of contract? Under the Merchant’s Firm Offer‚ “a firm offer exists if a merchant gives assurances in a signed writing that his or her offer will remain open. A firm offer is irrevocable without the necessity of consideration for the stated period or‚ if no definite period is stated‚ for a reasonable period (neither to exceed three months).” In this case Jennings stated
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Assignment on the case of Carlill vs. Carbolic Smoke Ball Co. Ltd a) Explain whether there was any contract made between Carlill and Carbolic Smoke Ball or not? Give reason. Yes‚ there was contract made between Carlill and Carbolic Smoke Ball Co. Ltd. The advertisement was placed in newspaper and said that the smoke ball product would prevent influenza if the buyers used it as directed and in spite of this if the buyer catches influenza than the company would give £100 to the user
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Business Law(BL) John is an offeror as he is putting his property out at 2 million and this offer may also be made to the world at large not just individuals or specific groups of people(Carhill v Carbolic Smoke Ball Co 1893). After having assessing through the situation of Adam and Bill‚ i would like to touch on assessing Adam’s situation first. In this scenario‚ John was the offeror as he offered 2 million for the house and Adam is the offeree but as Adam was the first viewer of the house
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PLAINTIFF’S REQUESTS FOR ADMISSION Plaintiff‚ Greater New York Mutual‚ by and through undersigned counsel and pursuant to Rule 36 of the Superior Court Rules of Civil Procedure‚ request that‚ Defendant Joseph P. Spadaro & Sons‚ Inc.‚ admit to the truth of the following facts and admit to the genuineness of the attached documents. In accordance with Rule 36‚ your responses must be filed within thirty (30) days after service of these requests your response to each request must specify an objection
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2). Discuss and compare the decision of the High Court and the Appeal Court in Carlill v Carbolic Smoke Ball [1893] Q.B. 256 (C.A.) (CO2) Carlill v Carbolic Smoke Ball Company is an English contract law decision by the Court of Appeal‚ which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms. The Carbolic Smoke Ball Co. made a product called the "smoke ball". It claimed to be a cure for influenza
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