Wednesday, April 17, 2019
Principles of business law two questions in an assignment Essay
Principles of business law twain questions in an assignment - Essay ExampleShe later refused to pay back this sum of bullion to Peter. deal he sue her Would it make any difference to your answer if, instead of borrowing this sum of m matchlessy to go for a boat cruise, she had actually borrowed this sum of money to go for a study circle of China organized by her schoolIn answering these questions, the major source of support was condition 2 of the US Uniform Commercial Code, which broadly covers the law governing sales contracts. Meanwhile the examples of fields cited were interpreted from English cases.Q1. According to section 2-205 of the US Uniform Commercial Code, in every sales contract, there must be an object on offer, an offer made, an adoption made, and an exchange. The person making the offer is called the offerer and the person making the word sense is called the offeree. Even if the offeree has made up his mind to a final acceptance, the pledge is not yet compl ete. There must be an external manifestation of his assent. This can be about word spoken or act done by the offeree or by his authorised agent, which a act of law can regard as the communication of the acceptance to the offeror. What constitutes communication varies with the nature of the case and has provoked many backbreaking problems.a) The first scenario mak... What constitutes communication varies with the nature of the case and has provoked many difficult problems.a) The first scenario makes a lot of difference in the interpretation and analysis of the case. Going by the facts of the case, Janes acceptance was sent within a conceivable time, such that even though Andrew received the earn late, the court could still deem the contract enforceable. This view has support from section 2-207(1) of the Uniform Commercial Code, which states that A definite and well-timed(a) expression of acceptance or a written confirmation which is sent within a reasonable time operates as an a cceptance Jane could rightly evoke the provisions of this article to rightfully sue Andrew for a dampen of contract. Carrying out the stipulated task is enough to constitute acceptance of the offer.However, by making an underpayment for the postage stamp, Jane indirectly failed to pass to Andrew her acceptance of the offer. This was contrary to the general rule that an acceptance must be communicated to the offeror. The case of Jane and Andrew is typical of one where the postal rule can not be applied because the letter of acceptance was not the right way posted (Simpson, 1987). As an academic problem, the postal rule in the work of Wald & Williston (1906) could be evoked to stool three possible answers to this scenario in the following light an offer made through the post business leader be regarded as accepted in the eyes of the lawi) as soon as the letter of acceptance is put into the post orii) when the letter of acceptance is delivered to the offerors address oriii) when t he letter of acceptance is
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