Law Case Study Analysis Essay Example | Topics and Well Written Essays - 1250 words

Law Case Study Analysis - Essay ExampleThe term expression empennage be defined as the different forms such as newspaper, email, letter, fax, and conduct till the communication is based on the mode of communication for which the cateror is ready to contract. The term intention is defined objectively by different judges of the courts. In the case of Smith v. Hughes (1871) LR 6 QB 597 lays an emphasis on the fact that the important thing in all offer is not the real intentions of the parties involved except instead important thing is the reasonable view of the person regarding the situation. Revocation of offer An offer can be revoked by the offeror prior to the acceptance of the offer but this must be declared to the offeree. but it is not necessary that the offeror needs to communicate the revocation. In case the offer was made by the offeror to the whole world, the offeror need to revoke the offer in a similar form. This was apparent(a) in the legal precedent of Carlill v Ca rbolic Smoke Ball Co 1893 1 QB 256 Court of Appeal. But, in case the offer has been turned into an option, then the offer cannot be revoked by the offeror. In case the offer is in the form of an unilateral offer, the contract can be revoked by the offeror any time. ... But even in this case, the acceptance must be communicated. The offer can be withdrawn, prior to the acceptance of the offer. v The offer can be acely accepted by the offeree only, i.e.the party which receives the offer offer was made. v In case the offer is accepted by someone else in the family or melody on the behalf of the offeree without his/her authorization, then the offer cannot be considered as binding v Silence on an offer cannot be considered as an acceptance of the offer. This is evident in the legal precedent of Felthouse v. Bindley (1862) 142 ER 1037. Counter-offer and correspondence The mirror image rule within the law of offer and acceptance, the offer needs to be accepted by the offeror or offeree without any modifications. If there are any changes which are done in any way to the offer, then the counter-offer with changes kills the original offer and the last mentioned cannot be accepted by any of the parties in future. This is evident in the legal precedent of Hyde v. Wrench (1840) 3 Beav 334. The Case Presented tom chooses to put up for sale his car by parking it outside his residence with a note on the windscreen mentioning For auction, exceptionally excellent state, single owner complete service history, complete MOT, ?5,000 or nearby offer. Please get in touch number 37 or telephone 9911929 only. On Tuesday morning almost 9.00am, Dick sees the car, but as he is behind schedule for work he is incapable to stop and call Tom at 10.00am and makes an propose of ?4,750 which Tom says he will think about. Harry was crossing through Toms house on Tuesday morning around 11.00am, saw the car and called at the residence but Tom was not