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Ren, a sales representative of an Electric Supply Inc made a demo for a new high - speed Auto - analyzer for Glen, the owner
Ren, a sales representative of an Electric Supply Inc made a demo for a new highspeed Autoanalyzer for Glen, the owner of a car repair service shop. The price of the Autoanalyzer was $ Though the Autoanalyzers are useful, but the price is too expensive. Glen said to Ren that he might consider if he will lower the price to $ but Ren refused and took the device.
One week later, an Autoanalyzer arrived at the shop with a letter from Ren stating that when I reported to my manager how impressed you were with our device, the manager said it would be worth selling one ever even at a loss just to break into the market in your city. We knew what an excellent reputation you have, and it would be a good move to have our product in use in your shop. Our price is reduced to $ only for your company. If we didnt hear from you in ten days, we shall assume that you have accepted this exceptional offer and we expect payment of our invoice. Glen did not respond and simply allows the device to sit idle beyond ten days.
Question: Can silence be sufficient mode of acceptance? Please state your reasons.
Case
The CS Ball Company made a product called the "smoke ball" which claimed to be a cure for influenza and a number of other diseases. The Company published advertisements claiming that it would pay $ to anyone who got sick with influenza after using its product, according to the instructions set out in the advertisement. The $ reward will be paid by CS Ball Company to any person who contracts the increasing epidemic influenza colds, or any disease caused by taking cold, after having used the ball three times daily for two weeks, according to the printed directions supplied with each ball. Showing its sincerity the company deposited $M with the Alliance Bank, Regent Street where they can claim their reward.
When Mrs Clark saw the advertisement, she bought a smoke ball and used it three times daily for nearly one month until she contracted the flu. She brought a claimed from the CS Smoke Ball Company, however, the company ignored her two letters. On her third request for the reward, the company replied with an anonymous letter that if it is used properly, the company had complete confidence in the smoke ball's efficacy, but to protect themselves against all fraudulent claims, they would need her to come to their office to use the ball each day and be checked by the secretary Mrs Clark sued the company on its promise to pay $
Issue: Is the performance of the conditions as advertised constitutes acceptance of an offer? Please state your reasons.
Case
Mr A has bought a new HP outboard motor. He told his friend, Mr B that he will give him his old HP motor as soon as the new one arrives. Mr B has a small boat, but this small boat cannot accommodate the old engine. Mr B needs to modify his small boat, but he will have to spent expensive modification. With Mr As suggestion, he bought a new boat. When the new HP motor arrived, Mr A changed his mind and decided to sell the old one to other party.
Issue: Is there a binding contract between Mr A & Mr B Please state your reasons. Hint. Please research Injurious Reliance Equitable Estoppel
Case
Dr John and Mrs Jane Marquez were generous philanthropists of BG Hospital. Dr Marquez, who bequeathed $Million for the hospital, had been recognized by naming the hospital's coronary and cardiac diagnostic unit after him.
The city is on the process of restructuring health care system. In response, the BG Hospital Foundation launched a campaign to raise funds to expand the hospital. Mrs Marquez, the wife of the late Dr John Marquez, was approached by the hospital's Chief Executive Officer to become a potential lead donor for the campaign and the suggested amount was $Million. The foundation presented with a formal proposal that outlined the project and the hospital's interest in honouring her and the memory of Dr Marquez by naming the new critical care unit after them. Of course, the renaming requires approval from the board of trustees. Mrs Marquez seek the advice of her accountant and later signed the document pledging to donate $Million over a fiveyear period to the BG Hospital Foundation. She made the first instalment of $ and died a month later. In her will, she left onefifth of her estate to the hospital. After Mrs Marquis died, her estate refused to pay the balance of $ owing on the pledge, claiming that the estate gift replaced it
Issue: Is the pledge document a contract enforceable in law or merely "a naked promise"?
Case
John has a lending company. In his letter mailed on September he offered to sell his business to Peter for $ The letter was received by Peter on September On September Peter sent his letter of acceptance in which John received on September However, on September John had decided to withdraw and mailed a le
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