Offer, Business Law, application, Colin's Computers, Geoff's Gym
An offer is a statement presented from one person to another with a willingness to enter into a contract with the other person. This contract is based on stated terms that are provided for in advance (Kelly 2011). These terms have to be in turn accepted by the further person to whom the offer is addressed before it can be considered complete. These offers can be made in different forms including oral or written documents. The offered is the individual to whom the offer is concentrate on and may respond by accepting of rejecting the offer. For an offer to be complete, the offered must accept the terms with which the offer has been placed.
Colin's Computers (CC) made an offer to the general public that sought to invite them to subscribe to their computer maintenance services. It made this offer in writing through an advertisement that was placed in the local newspaper and on their website. Geoff's Gym (GG) is the offered in this case owing to the fact that is spotted the advertisement and was interested in the services that Colin had to offer. It was in desperate need of the maintenance services that Colin's Computers had to offer.
[...] Application GG has now claimed a breach of contract and wished to enforce the agreement and gain the monthly $50 reduction. CC can respond by stating that this was not their original offer because GG is not a new client and was thus not supposed to receive the $50 reduction. Hence by requesting the reduction GG had entered a counter offer which negates the original offer. CC may thus be allowed to respond to this offer in a manner that is so pleases. [...]
[...] The contract in this case is not considered complete until the customer has indicated the article that they need from the shop. And even if the customer's request is not received by the shopkeeper himself, it may be someone else who seeks to act on behalf of the shopkeeper. The offer is complete when the customer goes to the counter and seeks to purchase the item from the counter. Application The offer made by Colin's Computers was completed when Geoff's Gym made a telephone call to the company directing them that they were interested in their services. [...]
[...] An offer was sent by telex from England offering to pay GBP 239 a ton for 100 tons of Japanese cathodes and accepted by telex from Holland. Instantaneous communications held between parties is different from the rule about post. The communication of acceptance thus has several rules of exception including the postal rule that ensures that communication of acceptance is upheld even if the letter gets lost in the post office. This is seen in the case of Adams v Lindsell [1818] whereby the L challenged the decision that they had breached a contract for sale of wool in the plaintiffs On September L had written to P offering to sell some wool and asking for an answer way of post”. [...]
[...] Conclusion In conclusion, when an offer requires that the acceptance be communicated through post then the acceptance becomes legally binding on the day that it is posted. As such, GG can maintain that there was a breach of contract and claim compensation from CC for the losses that they have incurred as a result. The offer stated by GG is however a counter offer because it does not comply with the previous conditions that had been set out by the original offer. [...]
[...] It had also promised to offer its services to any customer who had confirmed their acceptance by post, email or text by 8th June. It also stated that receiving a definite date from its customers was essential so that they could schedule their dates in advance. GG responded to all their requirements by sending a reply by post. They further called to inform them that a letter in response had been sent and even relayed a preferred commencement date through the same phone call. [...]
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