Come warm yourself by the fire
I need some cases to show precedence of invalid "Offer and Acceptance" - e.g. contract law.
Got any goodies tucked away?
Similar to "Harvey and Facey" would be good - but I will take anything.
Also if you could link me to the case, or give me a brief run down about what the case was about - would be appreciated, as I can not access some case stuff (due to not being a lawyer).
Cheers
Stew
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Yes
What do you need them for?Originally Posted by avgas
E.g. Your ComLaw101 paper or your disputes tribunal hearing next week?
Come warm yourself by the fire
lol paper........i hope.
but lecturer is lawyer though. So I'm fucked
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Yes
Ya what?
Is there a specific issue within an offer and acceptance you want the cases for?
For example - I am not sure if XYZ is an offer. (Harvey v Facey)
Or - I am not sure if A has accepted B's offer.
Come warm yourself by the fire
Actually I want along the same lines of Harvey and Facey.
Where an offer was not formed. (e.g. estimate instead of quote....)
or
A second offer is required as the terms have changed.
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Come warm yourself by the fire
along the lines of
information not an offer would be good too
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Come warm yourself by the fire
bump.
Funny how all the lawyer types come out when an 'opinion' is involved. Yet none can cite common law when they have too.
One would assume then that they are not really lawyers.........
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Yes
An offer is an expression, by one person or group of people (the offeror or offerors) or by agents on the offeror's behalf made to another of the offeror's willingness to be bound to a contract with the other person on terms either certain or capable of being rendered certain. (As to willingness to be bound, see for example Buhrer v Tweedie [1973] 1 NZLR 517)
A distinction must be drawn between those declarations which amount to offers, and those which only amount to invitations to treat.
The critical question is the intention of the declarant. (Boulder Consolidated Ltd v Tangaere [1980] 1 NZLR 560 at 567 and 568. See also Willetts v Ryan [1968] NZLR 863 (CA)).
The above is all quoted directly from the Laws of New Zealand.
Any help? I still don't really understand what you want the information for or what your specific legal issue is.
Forum whore
Yeah like those who offer their opinion on mechanical issues, yet when specific details are required they go quiet. One would have to assume they are not really mechanics.........
Come warm yourself by the fire
Definitely give me some help, will look into those cases and see if they are relevant.
Situation is builder signing 'estimation', without reading T&C's - and send securing payment. Estimation was not a firm quote, and therefore not firm offer.
Impossible to form contract without solid offer in place.
T&C's stated that $ and eta's is 'rough estimates' and subject to change. Which has been discovered to be true.
Can't do damages as none have been sustained, can't do breach of contract if there is no contract. Can do Tort - but unfortunately limited to only contract law specifically. So ideally looking for similar instances.
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Come warm yourself by the fire
hahahaha its funny you say that today.
Bike wouldn't start today, checked tyre pressure......tried again and it worked.
Creepy stuff.
I blame your earthquake - world has gone crazy.
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I'ma get medieval on your ass!
The trouble is Avgas hasn't asked a specific question (no disrespect). Contract Law lectures on Consideration Offer and Acceptance takes a full term. Whole books and doctoral thesis are written on these fundamental issues of contract. Its a huge topic and necessarily includes failed Offer and Acceptance which can occur because of effluxion of time, ineffectiveness of communication (oral, post, telegraph, email etc), Mistake (another whole sub-species of law), lack of jurisdiction, illegal contracts, failure of consideration, fundamental breach etc etc etbloodycetera.....
Its a bit like asking - "Does my bike need a new wheel? Examples of bad wheels welcomed..."
Come warm yourself by the fire
And yet I found one
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Come warm yourself by the fire
its called an 'open ended question'
I don't want to bias my own thoughts into what others could provide me.
boostin has been most helpful.
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Forum whore
My god man, I was taking the piss. Even avgas got that.The trouble is Avgas hasn't asked a specific question (no disrespect). Contract Law lectures on Consideration Offer and Acceptance takes a full term. Whole books and doctoral thesis are written on these fundamental issues of contract. Its a huge topic and necessarily includes failed Offer and Acceptance which can occur because of effluxion of time, ineffectiveness of communication (oral, post, telegraph, email etc), Mistake (another whole sub-species of law), lack of jurisdiction, illegal contracts, failure of consideration, fundamental breach etc etc etbloodycetera.....
Its a bit like asking - "Does my bike need a new wheel? Examples of bad wheels welcomed..."
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