Premium Essay

Janet Can Sue Jack for Breach of Contract.

In: Business and Management

Submitted By chiho
Words 427
Pages 2
Answer of the question
Janet can sue Jack for breach of contract.

Clarify the question
The issue in this case is whether…

List out Elements of that related topic
Offer + Acceptance + Consideration + Intention to create legal relations + Contractual capacity

Define the terms
An offer is a definite promise or proposal made by the offeror to the offeree with the intention to be bound by such promise or proposal without further negotiation. (Srivastava, 2012)

Refer the related case law with judge statement help to state general rules:
According to Carlill v Carbolic Smoke Ball Co. (1893), Offer is a definite proposal made to the offeree by the offeror. There must also be intent to be bound by such an offer.

State the case situation which matches the case law.
Conclusion

Offer and acceptance
Elements:
Offer + Acceptance + Consideration + Intention to create legal relations + Contractual capacity

Define terms:
Offer
According to Srivastava,an offer is a definite promise or proposal made by the offeror to the offeree with the intention to be bound by such promise or proposal without further negotiation.)
In simply words, it is an expression of somebody’s willingness to make a contract, which the expression should be clear and without further negotiation.

Acceptance
An acceptance is a final and unqualified expression of the offeree’s assent to the terms of the offer. It can be made in writing, orally, or by conduct.

Invitation to treat
An invitation to treat merely invites someone to make offer rather than making an offer by himself or herself.

Refer the related case law with judge statement to help to state general rules:
Distinguish offer and ITT
Rules: What if a person says he “offers” you sth.
According to Carlill v Carbolic Smoke Ball Co. (1893), Offer is a definite proposal made to the offeree by the offeror. There must…...

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