Home work Business Law and Ethics, i add more details for this Q just answer the Q from the case study
3. Acceptance of Offer mat box 3g. Communication of Acceptance When the parties are involved in face-to-face negotiations, a contract is formed upon the offeror's receipt of the acceptance. When the parties are negotiating at a distance from each other, the so-called mailbox rule applies. Under the mailbox rule, a properly addressed, postage-paid mailed acceptance takes effect when the acceptance is placed into the control of the U.S. Postal Service. So, the acceptance is effective upon dispatch even before it is received by the offeror. Kuwaiti Law: According to articles 36 & 37 of the Kuwaiti Civil Code, the contract is formed and the acceptance is effective when it comes to the knowledge of the offeror.Questions 2: 1.7. (45,371\" Issue 2: 2.1. Is the promise made by CasaVostra management to Jason to have a late two hours lunch break binding? f?" 2.2. Does the mistake made by Jason and the management concerning the " \" load of delivery orders affect the genuine assent and therefore the contract between Jason and Casa Vostra restaurant? Requirements of an offer Acceptance of an Offer Mutual Mistake Student must identify what are the requirements of an offer and acceptance that would lead to a binding agreement in order to verify if the agreement between CasaVostra and Jason has given rise to a binding contract with respect to the break duration. Student must identify what are the conditions of the mutual mistake that affects the genuine assent. Application: Application 2.1 Student must apply the requirements of an offer and acceptance to the negotiations happened between CasaVostra and Jason and indicate if it has led to a binding contract including with respect to the late lunch break provision. Application 2.2 Student must apply the requirements of a mutual mistake that affects the genuine assent. Application 2.3 Student should apply the principle related to consideration requirement on the promise made by the management. Conclusion: Student must conclude by giving their opinion based on legal rules answering all the questions mentioned in Issue 1. .//.' / Case study 2: U/'i, Jason has a long career in the food industry, he has been a chef for 20 years now. He supports a family of four children. He has been selected for the Head Cook position within CasaVostra restaurant. He was initially offered this position within specic terms that include a very interesting salary and housing allowances in exchange of completing the following tasks: overseeing the restaurant kitchen by managing other members of the food preparation team, organizing the live cooking shows, deciding what dishes to serve and adjusting orders to meet guests' requests. The offerindicated also that Jason's tasks will include preparing delivery meals. The management reassured Jason though that the orders have never been important and that they would not expect any increase in these as their clients prefer to dine in and enjoy the outstanding restaurant atmosphere and view. The offer mentioned also that the number of working hours suggested is 45 hours per 6 days a week. Jason has agreed to the main suggested terms. He thought also that taking in charge the delivery orders (meals) will not be a burden as the restaurant records have shown a limited number of delivery orders during the previous 12 months. However added a new term where he requested a late two hours lunch break every day (between 4.00- 6.00 pm) in order to be able to stay with his children after school, the time for his wife to come back from work. Jason conrmed that he would do the same number of working hours (45 hours) and has suggested to come earlier to work in order to compensate the additional break time taken during the day. Casa Vostra agreed gladly to the suggestion made by Jason. The contract was signed by both, the employer, CasaVostra and the new employee, Jason on January 5th, 2020 to be effective starting February lst, 2020. Jason started his work in February as agreed. Due to a number of exceptional events including the pandemic break out, the delivery orders has signicantly increased starting the end of February and Jason has found himself having more tasks than he thought he agreed to. Three months later, the management calls Jason for an important meeting. They inform him that other employees are requesting a two hours break and that they cannot afford to give it to all employees. As consequences, the management informs Jason that he has no longer a two hours break. Jason replied back that they are obliged to respect the two hours break and at the same time he informed them that he will not take care of the delivery orders anymore because there was a mistake about this and should be taken out of his duties or he will ask for the contract to be cancelled based on mutual mistake. 3. Acceptance of Offer An acceptance is the assent of the offeree to the terms of the offer. 3c. Effect of Acceptance (p. 232) The acceptance of an offer creates a binding agreement or contract, assuming that all of the other elements of a contract are present. 3d. Nature of Acceptance (p. 233) The acceptance must be absolute and unconditional. It must accept just what is offered. If the offeree changes any terms of the offer or adds any new term, there is no acceptance because the offeree does not agree to what was offered. 12 3. Acceptance of Offer 3f. Manner & Time of Acceptance (p. 234) The offeror may specify the manner and time for accepting the offer. In this case, the manner and time specified should be followed. When the offeror does not specify the manner and time, any expression of acceptance would give rise to the contract if given within a reasonable time. Mostly, the offeree's silence and failure to act cannot be regarded as an acceptance.Requirements of an offer An offer expresses the willingness of the offeror to enter into a contractual agreement regarding a particular subject. Below are the requirements of an offer: 1a. Contractual intention To make an offer, the offeror must appear to intend to create a binding obligation. The intent might be shown by conduct. For example, there is no contract when a social invitation is made or when an offer is made in obvious jest or excitement. 1b. Definiteness An offer, and the resulting contract, must be definite and certain so that it is capable of being enforced. Requirements of an offer 1c. Communication of offer to the offeree (p. 228) An offer must be communicated to the offeree. Otherwise, the offeree cannot accept even though knowledge of the offer has been indirectly acquired