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Contract Law: Offer and Acceptance
Avoid simple and obvious statements that add nothing "This problem involves difficult issues of fact and law" OR, the introduction frequently encountered in the Contract law examination paper "This is a problem concerning Contract law"; of course it is!
Unfortunately, the letter from The Coffee Shop was wrongly addressed, and was not delivered to Quick-Clean until the 6th February. Quick Clean replied at once, and accepted the offer. The acceptance letter was posted at 10.00am on the 6th February.
Multiple Offers and Acceptance in Contract Law
In the meantime, on the 4th February, The Coffee Shop received an offer from Swift Cleaning Solutions Ltd (Known as Swift Cleaning Solutions), who had also seen the advertisement in the newspaper, to do the facilities management work for £16,000 per annum. Coffee Shop, having heard nothing from Quick-Clean, telephoned Swift Cleaning Solutions on the 5th February, and offered them the contract at £15,000 per annum. Swift Cleaning Solutions accepted.
In execution of the contract of charter party, the master of the ship signs a bill of lading, which is an acknowledgment of the receipt of the goods on board, and of the conveyance of them which he assumes. The bill of lading contains the quantity and marks of the merchandise, the names of the shipper and consignee, the places of departure and discharge, the names of the master, and of the ship, with the price of the freight. The charter party is the contract for the hire of the ship, and the bill of lading for the conveyance of the cargo; and though it be signed by the master he does it as agent for the owners, and it is a contract binding upon them. By the bill of lading, the master engages as a common carrier to carry and deliver the goods to the consignee, or his order; and, by the common law, owners were responsible for damages to goods on board, to the full extent of the loss. But, in England, by the statute of 53 Geo. III. c. 1.59., owners, and part owners of ships, are not liable beyond the value of the ship and freight, even though the loss was occasioned by the misconduct of the master, and a part owner. This statute assimilated the law of England to the law of France, and other commercial countries; and the great principle was, to limit the responsibility of part owners to the amount of their respective capitals embarked in the ship. The value of the ship was to be calculated at the time of the loss, and the freight, in the statute, means all the freight, whether paid in advance or not.
Sale of Goods - Offer and Acceptance
The subject of the adjustment of a general average has been very much discussed in some of the modern cases. In , which was the case of a vessel captured and carried in for adjudication, and where the wages and -provisions of the crew went into general average, a rule of adjustment somewhat peculiar to the case was adopted; for no disaster had happened to injure the vessel or cargo. In , the vessel had been so deteriorated by the perils of the sea, as to render a sale of her abroad necessary; and the general average was calculated on the price she sold for, and not on four fifths of her original value, as in the preceding case of capture. The subject underwent a very full discussion in , and it was there declared to be the duty of the master, in cases proper for a general average, to cause an adjustment to be made upon his arrival at the port of destination, and that he had a lien upon the cargo to enforce the payment of the contribution. This was shown to be the maritime law of Europe. When the general average was thus fairly settled in the foreign port, according to the usage and law of the port, it was binding, though settled differently from what it would have been in the tome port. The very same principle was largely examined and recognized in . If, however, it was not a proper case for a general average, and was a partial loss only, then these cases do not apply, and a foreign adjustment, founded in mistake, and assuming a case for general average, when none existed, is not binding. With respect to the payment of the average, each individual is undoubtedly entitled to sue for the amount of his share when adjusted; but the English practice usually is, in the case of a general ship, where there are many consignees, for the master, before he delivers the goods, to take a bond from the different merchants for payment of their portions of the average when the same shall be adjusted.
The modern marine codes do not generally go to the extent of the Rhodian law, and they vary greatly on the subject. By the English law, the wearing apparel, jewels, and other things belonging to the persons of passengers or crew, and taken on board for private use, and not as merchandise for transportation, do not now contribute in a case of general average. The common rule, according to Magens, is, that what articles pay freight must contribute, and what pay no freight pay no average; and that articles contribute according to their value, and not according to weight. By the French ordinance of the marine, as well as by the new commercial code, provisions and the clothes of the ship’s company do not contribute; but usage goes further, and does not subject to the charge of general average either clothes, jewels, rings or baggage of the passengers, for they are considered as accessory to the person. Emerigon, who has, according to his usual manner, collected and exhausted all the learning appertaining to the subject, inclines to think with Pothier, that by strict law and by equity, the clothes and jewels of passengers ought to contribute. But Boulay Paty, in his commentaries on the new code, and in which he draws most liberally on the resources of Emerigon, thinks they ought to be exempted, and that the existing French usage is proper.
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Offer and Acceptance - Contract Law - Free Law Essays
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Contract law offer and acceptance essays - …
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