Case1:
Cases Responses
Legal issue:
1. What legal issue(s) does this case illustrate (i.e. why is this case in the chapter)?
· Counter offer.
· Promissory estoppel
· Offer rejection
1. What are all of the elements of the main legal rule that this case illustrates? For instance, if the case is about undue influence, list ALL of the elements that the court in this case said had to be proven by the plaintiff.
· Counter offer. an offer made in response to a previous offer by the other party during negotiations for a final contract,
· Promissory estoppel, Promisor made a promise significant enough to cause the promise to act on it, Promise relied upon the promise, Promise suffered a significant detriment, Relief can only come in the form of the promisor fulfilling the promise
· Offer rejection. The rejection of an offer terminates the offeree’s power of acceptance
Repeat 2. For each issue raised. (For example, a case may discuss 1. Whether there is an implied-in-fact contract, and II. Whether the UCC or common law applied. If so, you will repeat 2. For each of these two issues.)
For Giannotti V. Cornelly the counter offer given persists as a rejection to original offer and terminates the power resulting from the counter offer.
1. Expand Perspective, Gain Interpersonal Understanding, and Critically Assess Implications. Judgement was for the defendant. This is because his clause in the mortgage was only an offer. This was unilateral until accepted by the offeree.
2. Prevailing party’s point of view:
The addition to the subject under the offer were not in the first offer. Hence the mortgage addition did not form a binding contract as the offer stands as a one party affair without consent of the offeree.
1. What legal arguments were made by the prevailing party?
There was reluctant agreement to the offer. There also was information missing on the part of the offer.
1. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the prevailing party?
Contract is complete when the subject stands in the original state without any material damages or alteration to the object.
The offeree should only be liable to contracts entered without any alteration. The alterations renders the offer unilateral.
1. What were the probable motivations behind the prevailing party’s actions leading up to the dispute? After the dispute?
The mortgage value added from used 124,000 TO used 128,000 was not in the subject contract and therefore stands as addition to the contract and damages the contract enforceability.
4. Losing party’s point of view:
5. What legal arguments were made by the losing party?
That there was a counter offer a second time, this could imply the furniture additions were material subject to the changes in the offer made.
1. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the losing party?
The losing party did not disclose the material alteration to the furniture items. This could be expressly specified in the offer.
1. What were the probable motivations behind the losing party’s actions leading up to the dispute? After the dispute?
The addition in the furniture equipment could contribute to the inflation to the value of the mortgage.
5. Judge’s point of view:
6. How did the court rule on each argument?
The contract was not binding. The adjustment to the property was rendered material hence the contract could not be enforceable.
1. What facts, legal reasoning, social policy, and ethical principles did the court use to support its ruling?
The offer did not include the clause to input the costing on the adjustments to the furniture equipment’s.
1. What were the probable motivations behind the judge’s decision?
The adjustments to the property which the offeree was not privy to was material and could vitiate the contract.
1. Find Recent Developments and Diverse Theories, Synthesize, and Compare
The recent developments are that the contract is a legal binding only when the offeror and the offeree enter into a contract that they share equal information.
6. Different Rules: Pose the question “What if the court adopted a different legal rule?”
The different legal approach was practical only if the both party to the contract shared similar information to the contract on the property adjustments.
1. Search the web for other articles to refer to in your article or call an attorney or business professional who may have experience with this type of issue. Write a brief one-paragraph summary of this case or article:
Harvey v Face [1893] AC 552 Privy Council
Harvey sent a Telegram to face which stated: -“Will you sell us Bumper Hall Pen? Telegraph lowest cash price-answer paid; “Face replied by telegram:-“Lowest price for Bumper Hall Pen £900.”Harvey then replied:-“We agree to buy Bumper Hall Pen for the sum of nine hundred pounds asked by you. Please send us your title deed in order that we may get early possession.”
Held: The Privy Council held that there was no contract concluded between the parties. Face had not directly answered the first question as to whether they would sell and the lowest price stated was merely responding to a request for information not an offer. There was thus no evidence of an intention that the telegram sent by Face was to be an offer. b. Ponder and reflect to compare this case to recent news and cases. This is the really cool part. You will be thinking like a legally astute manager, owner, or professional as you read, analyse and compare cases to draw your conclusions. Some neat ideas to help with your analysis: If the outcomes of the recent cases you found are different, can you make sense of the different outcomes? Are there different legal standards that make for different outcomes? Is there a trend leaning more in favour of a plaintiff or defendant’s position? Are the outcomes the same or different simply because the facts are similar or dissimilar? What accounts for the same or different results? Write your thoughts here:
In the most recent world, the legal standards have been fair to both plaintiff and defendant. The legal outcome on contract cases has been relying on the terms of the engagement in the offer property status.
What accounts for the similar result is the rule of law that has been do elaborate and precise.
1. Creative, Application and Critical Thinking Questions
2. Your point of view of the case in the book:
3. Do you agree or disagree with the actual outcome? Why or why not?
I agree with the outcome: the contract was not enforceable because all the terms stated in the offer were not all met.
1. Change it up: Pose the question “What if the facts were different?” Create changes to the facts that would probably result in a different outcome of the case and, using critical thinking and legal reasoning, tell why your change in facts would make a difference.
The offer should have been adjusted to reflect the material adjustment to the property subjected to the offer and acceptance.
1. Relate the case to your own experience, if applicable, or to the experience someone else has shared with you. My uncle was involved in a contract where the offeror altered the property in subject. He won the case subject to lack of material alteration information access.
How will you apply the lessons from this case to your future career?
All times I shall ensure all the offers I make have the necessary terms clarified and made aware to the privy parties.
1. Write recommendations to avoid future legal problems and that best suit the objectives of a firm or company in your chosen career field.
Any offer alteration made should be put into consideration and made to the both party aware in terms of the information available and accessible in all cases.
Case2:
Legal issue:
1. What legal issue(s) does this case illustrate (i.e. why is this case in the chapter)?
· Offer and acceptance. Offer is enforceable and acceptable once the parties in participant are in agreement on the terms.
· Communication can either be in writing, words or even message and is assumed information has been passed once either of this has been passed.
· A contract exists as a legal binding. When a proposal has been made and the other party accepts the proposal, then the contract is binding.
1. What are all of the elements of the main legal rule that this case illustrates? For instance, if the case is about undue influence, list ALL of the elements that the court in this case said had to be proven by the plaintiff.
Contract. Plaintiff should prove that there was; offer; acceptance; consideration; mutuality of obligation; competency and capacity; and, in certain circumstances, a written instrument.
Offer and acceptance: the expression of an offer to contract on certain terms by one person and an indication by the offeree of its acceptance of those terms.
Repeat 2. For each issue raised. (For example, a case may discuss 1. Whether there is an implied-in-fact contract, and II. Whether the UCC or common law applied. If so, you will repeat 2. For each of these two issues.)
For Lefkowitz V. Great Minneapolis surplus store, Inc. there was contract in the case because it constitutes an element of acceptance to the advertisement.
1. Expand Perspective, Gain Interpersonal Understanding, and Critically Assess Implications. The plaintiff won the case because they had twice been deceived. They then got to understand the house rules. The first advert was specific but the second one was not specific in facts that the sale was to be both men and women.
2. Prevailing party’s point of view:
The house rules were now known by the plaintiff during the second advert. As a result, being the first to arrive meant that the contract was complete and the denial of sales to the plaintiff was a breach of a contract.
1. What legal arguments were made by the prevailing party?
The contract is complete depending on the term in the contract. In the case, being the first to arrive meant that, the contract was complete.
1. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the prevailing party?
Contract is complete when one of the parties as an offered does anything likely to imply acceptance to the terms.
The advertisement in the newspaper meant that the public and everyone is aware and hence the offer was valid for acceptance.
1. What were the probable motivations behind the prevailing party’s actions leading up to the dispute? After the dispute?
The probable motivation was to trick the offeree for not understanding the house rules.
After the dispute, the advertisement was construed to be legally an enforceable offer to the interested parties of the public.
4. Losing party’s point of view:
5. What legal arguments were made by the losing party?
The offeror may revoke the offer any time before the offer has been accepted.
Before the offeror accept the offeree offer, they have a right to revoke the offer.
1. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the losing party?
The losing party did not indicate the terms of its ability to revoke the offer.
1. What were the probable motivations behind the losing party’s actions leading up to the dispute? After the dispute?
There was no clause to guide on whether the offeror could revoke. They did not surpass the terms of the contract to be binding and enforceable.
5. Judge’s point of view:
6. How did the court rule on each argument?
The contract was binding after the slated time lapsed hence the offeror couldn’t revoke the offer.
1. What facts, legal reasoning, social policy, and ethical principles did the court use to support its ruling?
The offeror did not put a clause to be able to revoke when they so desire.
1. What were the probable motivations behind the judge’s decision?
The offer did not include all the necessary terms. Hence the offer was binding and enforceable.
1. Find Recent Developments and Diverse Theories, Synthesize, and Compare
The recent developments are that the contract is a legal binding only when the offeror and the offeree enter into a contract through writing.
6. Different Rules: Pose the question “What if the court adopted a different legal rule?”
The different legal rule would only be adopted if the contract was to be requisite to be documented and signed against.
1. Search the web for other articles to refer to in your article or call an attorney or business professional who may have experience with this type of issue. Write a brief one-paragraph summary of this case or article:
Case: Revelations Perfume and Cosmetics Inc. v. Prince Rogers Nelson
In 2008, the Revelations Perfume and Cosmetics Company sued the famous musician “Prince” and his music label, seeking $100,000 in damages for reneging on an agreement to help market their perfumes. The flamboyant pop star had promised to personally promote the company’s new perfume named after his 2006 album “3121,” and to allow his name and likeness to be used in the perfume’s packaging. Prince then refused to grant interviews related to the project, and refused to provide a current photograph for a press release.
1. Ponder and reflect to compare this case to recent news and cases. This is the really cool part. You will be thinking like a legally astute manager, owner, or professional as you read, analyse and compare cases to draw your conclusions. Some neat ideas to help with your analysis: If the outcomes of the recent cases you found are different, can you make sense of the different outcomes? Are there different legal standards that make for different outcomes? Is there a trend leaning more in favour of a plaintiff or defendant’s position? Are the outcomes the same or different simply because the facts are similar or dissimilar? What accounts for the same or different results? Write your thoughts here:
In the most recent world, the legal standards have been fair to both plaintiff and defendant. The legal outcome on contract cases has been relying on the terms of the engagement in the contract.
What accounts for the similar result is the rule of law that has been do elaborat