Can someone Give me help on my homework? Thanks :D
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How do I answer these questions?
What is "communication of acceptance"??
Do you think the "postal rule" is a good rule? If not, suggest ways to overcome it.
This is a really difficult question....
On Tuesday, A offers to sell his Vertu to B for $20000. He asks B to reply in writing and promises to keep his offer open untill 12 noon on Thursday.
On wednesday,B posts a letter to A in which he agrees to buy the Vertu at $20000.
At 11am on Thursday, B realises that he has addressed the letter incorrectly. He telephones A, but the line is so bad that A cannot hear what B is saying. B then faxes A indicating his acceptance. Although B transmits the fax at 11.15 a.m, due to a power failure, the fax only reaches B at 12.30pm. In the meantime, B has agreed to sell C the Vertu for $21000 at 11.45a.m on Thursday. Consider the Legal position.
1)Does A have to keep the offer open untill 12pm on Thursday as he has promised??
2)Can B sue A for selling the Vertu away to C?
Im perplexed over these questions...can someone help me?
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consider the law things like consideration, revokation, acceptance... and all that.. go read up and think about it..
btw, i did contract law more than a decade ago.. so i can't remember everything but what i remember is that it takes consideration to make a contract binding
i could be wrong
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oh mine... wat are those? so complicated...Originally posted by shade343:How do I answer these questions?
What is "communication of acceptance"??
Do you think the "postal rule" is a good rule? If not, suggest ways to overcome it.
This is a really difficult question....
On Tuesday, A offers to sell his Vertu to B for $20000. He asks B to reply in writing and promises to keep his offer open untill 12 noon on Thursday.
On wednesday,B posts a letter to A in which he agrees to buy the Vertu at $20000.
At 11am on Thursday, B realises that he has addressed the letter incorrectly. He telephones A, but the line is so bad that A cannot hear what B is saying. B then faxes A indicating his acceptance. Although B transmits the fax at 11.15 a.m, due to a power failure, the fax only reaches B at 12.30pm. In the meantime, B has agreed to sell C the Vertu for $21000 at 11.45a.m on Thursday. Consider the Legal position.
1)Does A have to keep the offer open untill 12pm on Thursday as he has promised??
2)Can B sue A for selling the Vertu away to C?
Im perplexed over these questions...can someone help me? -
geez these are sooo long ago even since i touches them.. hahaha... think the postal rule says that so long the letter is out, will be considered as sent. think may need to bring in today's technology? and go dig out some cases as precedent...Originally posted by shade343:How do I answer these questions?
What is "communication of acceptance"??
Do you think the "postal rule" is a good rule? If not, suggest ways to overcome it.
This is a really difficult question....
On Tuesday, A offers to sell his Vertu to B for $20000. He asks B to reply in writing and promises to keep his offer open untill 12 noon on Thursday.
On wednesday,B posts a letter to A in which he agrees to buy the Vertu at $20000.
At 11am on Thursday, B realises that he has addressed the letter incorrectly. He telephones A, but the line is so bad that A cannot hear what B is saying. B then faxes A indicating his acceptance. Although B transmits the fax at 11.15 a.m, due to a power failure, the fax only reaches B at 12.30pm. In the meantime, B has agreed to sell C the Vertu for $21000 at 11.45a.m on Thursday. Consider the Legal position.
1)Does A have to keep the offer open untill 12pm on Thursday as he has promised??
2)Can B sue A for selling the Vertu away to C?
Im perplexed over these questions...can someone help me?
dun ask me specifics.. hv returned them all back to my law tutor... :p now, jus pick up the phone n call the lawyers...
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Law QUestion: Yes.
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Or could be no. Parento Efficiency
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interesting.
This case doesn't need to use postal rule , why make yourself confused?
Postal rules applies in acceptance only WHEN you send a letter of acceptance by post then its considered valid after you mail it over...doesn't matter when it reaches..as long as you mail it, it is acceptance already and a contract has been formed
The key is , has a contract taken place ??
Hope you catch my hint. -
1) Yes
2) You must refer to a valid caselaw, because for fax machines , the acceptance is valid only when it is received . Postal rules is an exception whereby it is different in which when you mail out then it is considered acceptance and a contract has taken place. -
given you enough hints lehh...
Relevant Case Laws:
Entores Ltd v Miles Far East Corporation
Reese Bros Plastics v Hamon-Sobelco Australia Ptd Ltd -
go and read "singapore business law" by benny tabalujan ba.
but erm for an acceptance to be effective, it must be communicated to the offeror. however, there are 3 situations where acceptance need not be communicated and the postal rule is one of them.
it seems that in the postal rule, acceptance is deemed to be effective as soon as the letter is posted, regardless as to when it reaches the offeror or whether it reaches him at all.
oei....but B wrote the wrong address horh...hmm...
as for the fax thingy, A said that B must reply through Mail rite? then i suppose B cannot expect A to know that B is replying through Fax ba..
sorry ah, try to help but i suck in law too.. -
wtf is this Shit?
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A said that B must reply in WRITING....fax also applies right>?Originally posted by jell_o:go and read "singapore business law" by benny tabalujan ba.
but erm for an acceptance to be effective, it must be communicated to the offeror. however, there are 3 situations where acceptance need not be communicated and the postal rule is one of them.
it seems that in the postal rule, acceptance is deemed to be effective as soon as the letter is posted, regardless as to when it reaches the offeror or whether it reaches him at all.
oei....but B wrote the wrong address horh...hmm...
as for the fax thingy, A said that B must reply through Mail rite? then i suppose B cannot expect A to know that B is replying through Fax ba..
sorry ah, try to help but i suck in law too.. -
My homework.Originally posted by the.raven:wtf is this Shit?
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no, you suxorz, stfu n00b!!Originally posted by the.raven:wtf is this Shit? -
omgwtf, u stfu n00b.Originally posted by DriftingGuy:no, you suxorz, stfu n00b!! -
yes A has to keep the offer open.Originally posted by shade343:How do I answer these questions?
What is "communication of acceptance"??
Do you think the "postal rule" is a good rule? If not, suggest ways to overcome it.
This is a really difficult question....
On Tuesday, A offers to sell his Vertu to B for $20000. He asks B to reply in writing and promises to keep his offer open untill 12 noon on Thursday.
On wednesday,B posts a letter to A in which he agrees to buy the Vertu at $20000.
At 11am on Thursday, B realises that he has addressed the letter incorrectly. He telephones A, but the line is so bad that A cannot hear what B is saying. B then faxes A indicating his acceptance. Although B transmits the fax at 11.15 a.m, due to a power failure, the fax only reaches B at 12.30pm. In the meantime, B has agreed to sell C the Vertu for $21000 at 11.45a.m on Thursday. Consider the Legal position.
1)Does A have to keep the offer open untill 12pm on Thursday as he has promised??
2)Can B sue A for selling the Vertu away to C?
Im perplexed over these questions...can someone help me?
yes b can sue a for sellin the vertu cos he faxed the thing indicating his acceptance at 11.15am tho the fax reached at 12.10am
for the reason behind this pls refer to ur legal notes or text it's stated there. -
Homework = Shadey wants to sue someone under no intention of buying a vertu?
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Originally posted by M©+square:Homework = Shadey wants to sue someone under no intention of buying a vertu?
dun liddat lar... biz law... suckz u noe?
i prefer criminal law.. easier to learn LOL -
Biz Law important leh.Originally posted by shinta:
dun liddat lar... biz law... suckz u noe?
i prefer criminal law.. easier to learn LOL
Can know how to exploit the loopholes and get rich.
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provided u get the chance to exploitOriginally posted by M©+square:Biz Law important leh.
Can know how to exploit the loopholes and get rich. -
tts the thing...A promise to keep the offer open, but I remeber learning something called "consideration" so what have B done or promised that can be considered as consideration to A??Originally posted by shinta:yes A has to keep the offer open.
yes b can sue a for sellin the vertu cos he faxed the thing indicating his acceptance at 11.15am tho the fax reached at 12.10am
for the reason behind this pls refer to ur legal notes or text it's stated there. -
Nono...I no sue pplOriginally posted by M©+square:Homework = Shadey wants to sue someone under no intention of buying a vertu? -
1) Yes, even if there is no written contract between A and B, a verbal representation will still constitute a contract in this case.
The consideration that you are wondering about is already implied
In other words, the $20,000 in this agreement include the consideration for A to part with his Vertu as well as the consideration to allow B some time to think about whether he want to buy. So Im thinking there is consideration
2)Not too sure....Im thinking maybe the postal rule cannot apply here.
The reason for this postage rule is to protect the offeree in those olden days when there is bound to be a time lag between the date the offeree made up his mind and the date his acceptance reaches the offeror cos the fastest way to convey a written acceptance is through postal mailing.
In this case, B cannot seek protection through the postal rule since he eventually chose to fax.
But I think B can still sue since A has breached his contract by selling his goods early while B had taken all the available steps to communicate his acceptance (including making a phone call to communicate his acceptance).