Five years ago, Arvid and Dora were involved in an amorous relationship while they studied business together

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Five years ago, Arvid and Dora were involved in an amorous relationship while they studied business together at college. Since that time, they have gone their separate ways and have moved to different cities, but they are still intimate on those rare occasions when their paths cross. Unfortunately, while Arvid’s business has flourished, Dora’s has foundered and she has fallen on hard times. Last month, Arvid wrote to Dora to offer her a job with his company. The relevant portion of his letter stated, “Given all that we have been through together and given the generous salary that I am offering, I just know that you’ll accept. I’m considering the deal done and I’ll begin setting up an office for you tomorrow.” Arvid’s letter did not mention that his offer was also motivated partly by a secret desire to rekindle their old romance into a permanent and stable relationship. When Dora received the letter, she decided to definitely take the job and began making arrangements to join Arvid’s company. She did not, however, inform her old friend of that decision. She wanted to surprise him by simply appearing at his door the next week. However, three days later, her own company received an unexpected financial grant from the federal government. At that point, she reconsidered her earlier decision to work for Arvid and telephoned him to say that she would not be joining him after all. Because he had already spent a considerable amount of money preparing for Dora’s arrival and because he was upset that she spurned his offer, Arvid reacted angrily. He insisted that a contract had been created and that she was his employee. Is he correct? Did Arvid act with an intention to create legal relations? Does it necessarily matter that both Arvid and Dora firmly believed that they had formed an enforceable agreement? Has there been valid acceptance?

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Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0132164429

4th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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