• 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:
    Canadian Contract and Partnership Law; A Case Study United Kingdom, October 2004. To Use This Report Correctly,  Part 1 In the case provided by the student there is an attempt to make a purchase of property by Harry and Tom. Looking at this  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 

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