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Business Law Question
Ali accidentally overheard Alex having a conversation with David telling David that his pet cat is missing. Alex tells David that he's going to place a post on the notice board offering a reward of $1000 to whoever that finds his lost cat.
Dave, one of the residents nearby founds the cat and decides to keep it for himself, not knowing about the reward and the cat being a lost cat.
A week later Alex places a poster on the notice board. Stating that whoever has information leading to the finding of his cat will be awarded $100. And whoever accepts this offer must reply with an email . Ali accepts the email and made a claim that he will also find the cat. Unfortunately, Alex forgets to check his Email.
Ali runs into Dave with the cat and recognizes the cat. Called Alex and told him about the cat and Alex immediately rushed down. Overjoyed that his cat was found, he wrote a cheque of $100 to Ali. Ali was upset as he was expecting to be rewarded $1000 instead.
Dave on the other hand, is upset because he was the one that found the missing cat and insists that he should be paid the reward instead.
I have a few questions here regarding this.
-Is Ali eligible for the $1000 reward? (As he simply overheard about the reward and there wasn't any actual agreement made between Ali and Alex)
-Is Ali eligible for the $100? (As he accepted the offer but then again, Alex's offer clearly stated that the $100 would only be rewarded to whoever have information leading to the finding of the missing cat, not actually finding the cat.)
-Is Dave entitled to ANYTHING at all ?
-Does Alex's not reading the email sent my Ali plays any part in this?
-Does Alex even need to pay anyone because of him forgetting to read the acceptance email from ali?
Consider this three offers when answering this question:
-Bilateral Offer
-Unilateral Offer
- Invitation to Treat.
Dave, one of the residents nearby founds the cat and decides to keep it for himself, not knowing about the reward and the cat being a lost cat.
A week later Alex places a poster on the notice board. Stating that whoever has information leading to the finding of his cat will be awarded $100. And whoever accepts this offer must reply with an email . Ali accepts the email and made a claim that he will also find the cat. Unfortunately, Alex forgets to check his Email.
Ali runs into Dave with the cat and recognizes the cat. Called Alex and told him about the cat and Alex immediately rushed down. Overjoyed that his cat was found, he wrote a cheque of $100 to Ali. Ali was upset as he was expecting to be rewarded $1000 instead.
Dave on the other hand, is upset because he was the one that found the missing cat and insists that he should be paid the reward instead.
I have a few questions here regarding this.
-Is Ali eligible for the $1000 reward? (As he simply overheard about the reward and there wasn't any actual agreement made between Ali and Alex)
-Is Ali eligible for the $100? (As he accepted the offer but then again, Alex's offer clearly stated that the $100 would only be rewarded to whoever have information leading to the finding of the missing cat, not actually finding the cat.)
-Is Dave entitled to ANYTHING at all ?
-Does Alex's not reading the email sent my Ali plays any part in this?
-Does Alex even need to pay anyone because of him forgetting to read the acceptance email from ali?
Consider this three offers when answering this question:
-Bilateral Offer
-Unilateral Offer
- Invitation to Treat.
Answers
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This is chapter one in almost every course on contract I am surprised that the is in dollars for english common law start off with 1755 Mansfield - a contract involves offer acceptance and consideratio
22:55 Wed 20th Jan 2016
-- answer removed --
The law is different all over the world. (Here in the UK, there are even substantial differences between the laws of England and those of Scotland). So you need to ensure that your research takes you to answers that apply in your own country.
Your use of dollars in your question suggests that you might be in the USA. If so, this is the leading Q&A sites for your own country:
https:/
(Up until recently I would have also included Answerbag.com but it seems that it has now closed down).
For what it's worth though, here are the key points under English law:
http://
Your use of dollars in your question suggests that you might be in the USA. If so, this is the leading Q&A sites for your own country:
https:/
(Up until recently I would have also included Answerbag.com but it seems that it has now closed down).
For what it's worth though, here are the key points under English law:
http://
This is chapter one in almost every course on contract
I am surprised that the is in dollars for english common law
start off with 1755 Mansfield - a contract involves offer acceptance and consideration
You have to distinguish offer to treat and offer which can be accepted
The leading case on offer to the world is Carlil v Carbolic smoke ball 1893 I think
OK para one - is it an offer to the world for ali or an invitation to treat ?
over heard conversation can hardly be either
para two no contract - and you are NOT asked if Dave has acted within the law
para three - definitely an offer to the world
ut one has to accept it according to the conditions ( pretty obviously )
does not reading emails count as lack of acceptance ?
ali and the cat - he calls and doesnt email
does that mean there is no congtract ?
If there is he should get a thou
dave - it is not a reward
you are looking at a contract
has dave fulfilled any of the conditions
is it important that he does ?
Bjeeuuucuh ! that is it !
You are the beginning of the course and no one expects you to get all the contract right.- - Next time - goto the lecture and toots, read the book, look up a case or two and THEN ask us
No one wants to write a course work essay for you
after all I know a bit of contract and clearly you dont !
and it wont change if I copy and paste a standard essay on this
not reading the email
I think is irrelevant
there is a case about hading the postman a letter and this was held not to be acceptance but usually POSTING a letteer WAS an acceptance bbecause it was unrecallable
and so if the unread email is unrecallable then it COULD be relevant
Hoenstly all they want you to do is read a few cases and appply then to rather unlikely facts
I am surprised that the is in dollars for english common law
start off with 1755 Mansfield - a contract involves offer acceptance and consideration
You have to distinguish offer to treat and offer which can be accepted
The leading case on offer to the world is Carlil v Carbolic smoke ball 1893 I think
OK para one - is it an offer to the world for ali or an invitation to treat ?
over heard conversation can hardly be either
para two no contract - and you are NOT asked if Dave has acted within the law
para three - definitely an offer to the world
ut one has to accept it according to the conditions ( pretty obviously )
does not reading emails count as lack of acceptance ?
ali and the cat - he calls and doesnt email
does that mean there is no congtract ?
If there is he should get a thou
dave - it is not a reward
you are looking at a contract
has dave fulfilled any of the conditions
is it important that he does ?
Bjeeuuucuh ! that is it !
You are the beginning of the course and no one expects you to get all the contract right.- - Next time - goto the lecture and toots, read the book, look up a case or two and THEN ask us
No one wants to write a course work essay for you
after all I know a bit of contract and clearly you dont !
and it wont change if I copy and paste a standard essay on this
not reading the email
I think is irrelevant
there is a case about hading the postman a letter and this was held not to be acceptance but usually POSTING a letteer WAS an acceptance bbecause it was unrecallable
and so if the unread email is unrecallable then it COULD be relevant
Hoenstly all they want you to do is read a few cases and appply then to rather unlikely facts
http://
invitation to treat here
clearly there is an intention to creat a contract here
trouble is no cases
I mean honestly you can do this sort of thing yourself ......
invitation to treat here
clearly there is an intention to creat a contract here
trouble is no cases
I mean honestly you can do this sort of thing yourself ......
Um ya Balders
it was a hidden technical point
if it not in pounds then it isnt England and so then the recent statutory interventions that apply in England ( Contract for services, the 1999 one that gives right to third parties ) will not apply there in which case .... the law will be different and erm the advice would be different
Even when I was reading law ( 1973 ) I knew which legal system applied to me - it is a bit like one of your charges looking up to you starry eyed and exclaiming - does being a rating on HMS Victoria mean we are in the English Navy ? [ I would like to see the look on your face as you read that and say to yourself - someone has actually ]
it was a hidden technical point
if it not in pounds then it isnt England and so then the recent statutory interventions that apply in England ( Contract for services, the 1999 one that gives right to third parties ) will not apply there in which case .... the law will be different and erm the advice would be different
Even when I was reading law ( 1973 ) I knew which legal system applied to me - it is a bit like one of your charges looking up to you starry eyed and exclaiming - does being a rating on HMS Victoria mean we are in the English Navy ? [ I would like to see the look on your face as you read that and say to yourself - someone has actually ]
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