By Ewan MacIntyre
This interesting new textbook is in particular designed to equip non-law scholars with an realizing of the basic issues in a customary enterprise legislation path. delivering a full of life and hugely readable clarification of the legislations, necessities of commercial legislations brings the topic to existence during the broad use of diagrams and examples, highlighting how the legislation operates in a enterprise context
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She also posted a letter claiming her money back. The letter arrived on Monday 10 December. Acme Supastore are refusing to refund any of the purchase price. Advise Belinda as to whether or not any contract has been made. The final sentence of the question tells you what you are required to do – advise Belinda as to whether or not a contract has been made. You should remember from your study of contract law that the requirements of a contract are an offer, an acceptance, an intention to create legal relations and consideration.
But whether or not the postal rule would apply is not a matter of certainty. You might be wrong to say that it would not apply. If this was the case, consideration would be a part of the answer. If you reach a conclusion before the end of a question, which makes further investigation of the question unnecessary, you should conduct that further investigation anyway. It is most unlikely that a question has been set where the first line gives the answer and the rest of the question is irrelevant. For example, you might have decided that Acme’s advertisement was definitely an invitation to treat.
Courts which hear appeals (appellate courts) usually have more than one judge sitting. Fortunately, it is an odd number of judges rather than an even number. A majority of judges will therefore decide for one of the parties or for the other. If the decision is unanimous, for instance the Court of Appeal decides 3:0 for the defendant, then the ratio of the case can be found in the judgments of any of the three judges. If the court decides for the defendant 2:1, then the ratio must be found in the decisions of the two judges in the majority.