• Canadian Contract and Partnership Law; A Case Study

    Pages: 8

    This 8 page paper examines a case study supplied by the student. A partnership is formed and an attempt to buy a property is made, issues concerning when a contract is formed are examined looking at invitation to treat, offer, counter offer and acceptance are discussed. The second two issues involve the status of a partnership and associated commitments. The bibliography cites 1 sources.

    File: TS14_TEcontca.rtf

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    Sample Text:
    there is a case concerning contract law. To examine this case we first need to consider at what point a contract is deemed to have been made as no breach  of contract can occur if a contract has not been formed. The requirements for a valid contract are well known; consisting of offer acceptance, consideration and the intention to  form a contractual relationship. Firstly we will consider the issue of the newspaper advertisement. The issue here is does then constitute an offer, in which case a response will then  be a counter offer or an acceptance, or is it an invitation to treat, in which case a response will then be an offer. It is necessary to establish this  in order to classify the various responses and trace whether a contract was formed. There are several approaches taken regarding the way an advertisement may be seen. With Carhill v  Carbolic Smoke Ball (1893) there was an approach where it was accepted a newspaper article may be sufficient to constitute an offer. However, this was a very specific advertisement that  also gave terms and condition, therefore a newspaper article can represent an offer but it is unlikely. There are other cases where a newspaper advertisement may be seen as an  offer, such as Goldthorpe v. Logan (1943) The aspect of an advertisement being an invitation to treat was seen in the case of  Partridge v Crittenden (1968) and appears to be the case in this situation. If we argue that the advertisement was an invitation to treat when Harry offers a different deal,  asking Sally if she will take part payment as a mortgage and/or reduce the price, this would be seen as a counter offer, as such this would then negate the 

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