Commercial Law

Commercial Law 200432 Assignment Question 1: Facts (Summary): David, Stephanies first babys boyfriend had proposed marriage and Stephanies sister had agreed provided he takes his motor bike. David bring outs Stephanie a no(prenominal) go to sell the bike to her for $1,200. Stephanie left the following meaning Hi David, this is Steph. I would cave in to misdirect the bike for $1,200 which had been accidently erased by David belittled brother. Stephanie then(prenominal) gave a note to her sister to give to David that iniquity saying I accept your tender to sell the bike for 1200 subject to my obtaining a loan on every last(predicate) right m iodintary value. Stephanies father refused to tally either m unityy to her to buy a motor bike. Issues: Is in that location an agreement between David and Stephanie? What is unavoidable to constitute an offer? Was the offer accepted? Is there either figure to be reasonedly bound? Is there any con sideration? Must both(prenominal) parties give consideration (bilateral)? report of Laws: Offer and acceptance unneurotic constitute an agreement. A coquette provide look for an diagnosable offer by one party to the other, follow by a clear and lucid acceptance of that offer by the offeree.

If and only if the court satisfactory confirms the existence of an agreement, it will then look for the remaining inwrought components of intention and consideration. The parties must have intended legal obligations to result from the agreement and that the agreement would and then be enforceable by a court of law. This will be determined objectively and t! he court will refers to one of the two self-assertions concerning the establishment of intention and which parties need to provide the certainty of rebuttal. The agreement are in domestic or sociable nature do not usually involve legal relationship and are wherefore presumed in law to be not legally bounding. The burden (responsibility) of proving that the presumption has been rebuttal in a particular sheath is upon the party asserting that the presumption has been...If you want to get a full essay, order it on our website: BestEssayCheap.com

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