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PLEASE HELP WITH BUSINESS LAW?

Corporate Law Discussions

PLEASE HELP WITH BUSINESS LAW?

Postby albanwr26 » Tue Apr 12, 2011 9:05 am

I´m lost with question two, since I don´t have the textbook. Any help please?

Question Two:
Contract law requires proof that the offeree 'intended' to accept the offer.
It is not an uncommon defense for the offeree to allege that she did not intend to accept the offer. She might argue that she was only joking when the proposal was made or she didn't even know that an offer was being made, or that when signing the document she failed to read all of the terms, or that she did read all of the terms but did not understand certain ones. Explain how an offeror prove that the offeree did intend to accept a particular offer if the offeree contended:

a) If she contended she was only joking:

The offeror would argue that . . .


b) If she contended she didn't know that an offer was being made:

The offeror would argue that . . .


c) If she contended that she knew she was signing an offer but he didn't read all of the terms:

The offeror would argue that . . .


d) If she contended that she did not understand some of the terms and conditions:

The offeror would argue that . . .
albanwr26
 
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PLEASE HELP WITH BUSINESS LAW?

Postby wal49 » Tue Apr 12, 2011 9:15 am

Answer to a, b, c, & d.: - the offerer (or business owner) should get the offeree (the client) to sign a works/goods quotation (or agreement) EVERY TIME incorporating the offerer's terms and conditions. This is essential if goods or services are supplied on credit i.e. after invoice. Then there's no debate, no argument and no wriggling out of payment with some lame excuse.

Best Regards
wal49
 
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