Question
Good day, Just requesting references for these responses please. The explanations are as follows. Explanation: 1) A valid contract has three main elements. The Offer,
Good day,
Just requesting references for these responses please.
The explanations are as follows.
Explanation:
1)A valid contract has three main elements. The Offer, Consideration, and Acceptance.
In this case, Clinton Public Company Limited (CPCL) has placed an advertisement on its web page. The advertisement can be considered as aninvitation to treat, not an offer.
Donald called CPCL to book his flight, that is after six months or more. It cannot be considered as a valid offer, and acceptance because they never signed any contract, or the company never send any written information specifically for the other party.
Even though verbal contracts are legally enforceable, in this case, the lack of clarity in the contract clause itself will make it void. It is not possible to explain and agree on the terms and conditions of such a high-value contract worth $5 million over the phone in an exclusive manner.
The consideration in this contract refers to taking passengers to the moon. This cannot be fulfilled without a written consent due to the high-risk factor included in it.
The scenario never says that Donald has paid an advance or booking amount. However, as per the argument of the company, they have a valid agreement. Such a business can not rely on verbal contracts, and it is hard to justify the argument of the company that they have reserved a space for an unknown passenger, even before getting any booking amount.
Hence, Donald has no legal obligation here in this case
2)Here, GCL is a long time customer of WMSL. However, they never had a business together for the ventilator machines. So, GCL has inquired, and WMSL responded to it by sending an offer, most importantly with anambiguous statementthat the ventilator they are intended to supply will be of the same quality like they are providing to other customers in Trinidad & Tobago.
Initially, GCL has accepted this offer, and eventually, they found that the product they have been offered is of substandard quality and the company has decided to cancel the order.
In this scenario both the companies have made a valid contract. But, there is an important concern. Ventilator machines are used for those patients who are facing critical health conditions in hospitals. So, a low-quality machine could have risk the life of a patient who relies on it.
Moreover, as per the law, a product being sold must be having amerchantable quality. When a supplier tries to provide products that are not fit for purpose, then the buyer has no legal obligation to accept it. Hence, GCL can cancel this order.
3)First of all the CEO of the Paria Oil Company has agreed to pay for the police protection. In most of the countries across the globe, an exclusive police protection for two months on aprivate propertydoes not come under the category of citizen rights.
Moreover, the Commissioner of Police has specifically indicated that the company has to pay $5000 per day for 10 officers. Parla company has asked for a special service from the police, and they must pay for it.
Commissioner has sent an invoice to the company. So, from this, it is evident that there is a legal provision for these activities by the police.
Hence, the company CEO has to face charges for agreement violation, if they refuse to pay for it.
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