Discuss case law authority

Assignment Help Other Subject
Reference no: EM131626412

Bob Broke runs a company which manufactures and sells computer equipment. He relates the following set of facts to you:
On 1 January Bob receives an email from Mike Jones which reads: "I offer to purchase 30 Toshiba Satellite laptops for $ 300 each, inclusive of GST, delivery and insurance". In response, on 2 January Bob sent an email to Mike saying "I accept your offer, but the price would have to be $ 300 plus GST. On 3 January Mike sends an email back saying "No, I can't agree to that". On 5 January Bob then sends an email saying "OK, I accept your offer of 1 January", however when he sends the computers to Mike with an invoice for $ 9 000, Mike sends the computers back and refuses to pay for them, saying that he has purchased computers elsewhere.

On 10 January, Bob sends a letter to Tom stating "Please send me 200 Pentium 5 hard-drives at $ 50 each". On 12 January Tom puts a letter into the post stating "OK - I will deliver the hard-drives before the end of the month. Bob subsequently finds that he no longer needs the hard drives, and on 14 January sends Tom an email saying "Please cancel my order of 10 January". Tom's letter reaches Bob on 15 January, and the hard-drives are delivered a few days later with an invoice for $ 10 000, which Bob refuses to pay.

Steve has done favours for Bob, such as looking after Bob's cat when he (Bob) went on holiday. On 1 February, Steve says to Bob "I need a new computer for my travel agency". Bob says "OK, because you looked after my cat, I'll give you a new computer". Bob then changes his mind and says to Steve: "Sorry, mate, trading has been bad these last few weeks - I just can't afford to give you the computers".

Bob is thinking of buying a delivery van. He has been in negotiations with Capital Motors, whose sales manager is Mary. One Monday morning he sees a form sent by Mary in which she offers to sell him a Toyota Hilux 3000 automatic with airconditioning for $ 33 000. The top sheet of the form contains a line which says "I agree to the purchase of this vehicle as specified in this document" and with a space for a signature and date. Bob sets the document aside on his desk, and it soon gets mixed up with piles of other paperwork. Later during the day, he signs the form, thinking that it was the front page of another contract he had been sent by a supplier of microchips. He gives it to his office manager, Tim, and says "Send this by fax". A few days later he receives a call from Mary asking him when he will pick up the vehicle. He tells Mary that he did not order a vehicle from her. When Mary tells him about the fax, he realizes what happened and tells her that he had sent it by accident and that he never intended to agree to the contract. She says "Too bad, we have a deal - I have already ordered another vehicle to replenish my stock".

Assume that you are Bob's legal adviser and that he has asked you for legal advice. Advise him as what contractual liability, if any, he has in the above circumstances, citing relevant statute and case law authority, using the ILAC format.

Reference no: EM131626412

Questions Cloud

Case scenario of the giacomo poretti : Giacomo Poretti lives in Milano with his wife, Chiara, in a house that they jointly own. He has worked as a professor at a well-known university.
Obtain a specific level of utility : Can you set up the problem and derive the optimization conditions if the owner-manager wishes to obtain a specific level of utility at the lowest possible cost?
Show the functional dependencies in the relation : Normalisation Task - Using above table - Draw a dependency diagram to show the functional dependencies in the relation
How would behaviorism and psychodynamic theorists : Cindy was sexually abused as a child. How would Behaviorism and Psychodynamic Theorists explain why she is unable to remain in a committed relationship.
Discuss case law authority : Steve has done favours for Bob, such as looking after Bob's cat when he (Bob) went on holiday. On 1 February, Steve says to Bob I need a new computer
Review an article from developmental psychology : Review an article from Developmental Psychology. It should include: (1) a description of the problem (2) identify research methods, and (3) summarize the art
Supply chain management : Research about the logistic problems that happened with Amazon.
What is the zero profit-price : Consider a perfectly competitive market where each firm faces a market price of P = 16. Each firm's cost function is TC = 50 + 4q + 2q^2.
Does future behavior of market matter in selection process : How important is the general behavior of the market in affecting the price performance of mutual funds? Explain.

Reviews

Write a Review

Other Subject Questions & Answers

  Cross-cultural opportunities and conflicts in canada

Short Paper on Cross-cultural Opportunities and Conflicts in Canada.

  Sociology theory questions

Sociology are very fundamental in nature. Role strain and role constraint speak about the duties and responsibilities of the roles of people in society or in a group. A short theory about Darwin and Moths is also answered.

  A book review on unfaithful angels

This review will help the reader understand the social work profession through different concepts giving the glimpse of why the social work profession might have drifted away from its original purpose of serving the poor.

  Disorder paper: schizophrenia

Schizophrenia does not really have just one single cause. It is a possibility that this disorder could be inherited but not all doctors are sure.

  Individual assignment: two models handout and rubric

Individual Assignment : Two Models Handout and Rubric,    This paper will allow you to understand and evaluate two vastly different organizational models and to effectively communicate their differences.

  Developing strategic intent for toyota

The following report includes the description about the organization, its strategies, industry analysis in which it operates and its position in the industry.

  Gasoline powered passenger vehicles

In this study, we examine how gasoline price volatility and income of the consumers impacts consumer's demand for gasoline.

  An aspect of poverty in canada

Economics thesis undergrad 4th year paper to write. it should be about 22 pages in length, literature review, economic analysis and then data or cost benefit analysis.

  Ngn customer satisfaction qos indicator for 3g services

The paper aims to highlight the global trends in countries and regions where 3G has already been introduced and propose an implementation plan to the telecom operators of developing countries.

  Prepare a power point presentation

Prepare the power point presentation for the case: Santa Fe Independent School District

  Information literacy is important in this environment

Information literacy is critically important in this contemporary environment

  Associative property of multiplication

Write a definition for associative property of multiplication.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd