Business Law

Páginas: 10 (2482 palabras) Publicado: 5 de noviembre de 2012
In this scenario of Mr Lim, the toaster was created, and in fact, is only used for display, but Mr Lim took the toaster and put it in a box. This is when the offer was made by Mr Lim. The cashier, on the other hand, refuses to accept the sale of the toaster because the cashier insisted to Mr Lim that the toaster for display only and not intended to be on sale even though Mr Lim offered paymentfor it. It appears that NO CONTRACT of agreement was reached between Mr Lim and AlwaysCheap supermarket. Although Mr Lim began annoyed and angry, he forcefully placed money in on the counter, and went along on his way with the toaster, but no agreement between the two parties ever materialised. The cashier did not respond positively to Mr Lim’s offer of buying the toaster that wasn’t intended to beon sale, and refused to answer Mr Lim’s questions over his desire of purchasing the toaster. There cannot be any legally binding contract. There can only be a legal binding if the cashier accepts Mr Lim’s money over the purchase of the toaster and if the credit union is accepted from Mr Lim by the cashier, then it can be called a contract or an agreement.
Contract is a term originating from theLatin word contractus naming the covenant, whether oral or written, between parties who accept certain obligations and rights on a particular subject. The document reflects the terms of this agreement also called a contract. For example: "The English player will sign the contract in the next few hours and will join the team immediately," "Tomorrow we go to the realtor to sign the contract for therenovation of the rent", "The company violated the conditions of contract and shall be fined." The contract, in short, is a voluntary agreement that is manifested in common between two or more persons (natural or legal). Its provisions governing relations between the signatories in a given subject. All contracts give rise to legal effects which are binding obligations established in its content. Ifa company undertakes by contract to provide a service and then fails, you may sue the company. Most legal systems require that contracts meet three requirements: consent (the will of the parties), the object (things or services that may enter the field of trade) and the cause (the reason leading to the parties to conclude the contract). There are different kinds of disability leave without legaleffect to the contract. The void is a generic situation that prevents the deployment of the legal consequences of the agreement and brings back the time of its conclusion. Termination, meanwhile, is another judicial declaration that nullifies the contract. In Section 2 (c), it is explained that the person making the proposal is called the drawer, and the person accepting the proposal is called thecreditor. Section 2 (a) states that the proposal, with one person means to another his inclination to do or to abstain from taking any action in order to obtain the consent of that other such act or in moderation, he said, to make an offer. For example, when Mr Jai is at a market, he picks up a sack of potatoes at the price of RM40.00 and brought it to the cashier and places the sum of RM40.00 onthe counter. This is considered as the proposal made by Mr Jai that can be done either in the world as a whole or independently. In the case of Hadley v. Baxendale. (1854), A shaft in Hadley’s mill broke rendering the mill inoperable. Hadley hired Baxendale to transport the broken mill shaft to an engineer so that he could make a duplicate. Hadley told Baxendale that the shaft must be sentimmediately and Baxendale promised to deliver it the next day. Baxendale did not know that the mill would be inoperable until the new shaft arrived.
Baxendale was negligent and did not transport the shaft as promised, causing the mill to remain shut down for an additional five days. Hadley had paid 2 pounds four shillings to ship the shaft and sued for 300 pounds in damages due to lost profits and...
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