Concept explainers
Case summary: Person D wanted a custom-built recording studio in his home. He asked local contractors for bid submission. The lowest bid was of person A. They both discussed the type and quality of the material to be used. Person D asked for a better quality of material within the bid price. They also discussed the starting date for the construction work. Two weeks later, D changed his mind to carry out the plan and A filed a suit in response.
To find: The procedure to terminate an offer.
Case summary: Person D wanted a recording studio custom-built in his home. He asked local contractors for bid submission. The lowest bid was of person A. They both discussed the type and quality of material to be used. Person D wanted a better quality of material within the bid price. Person A said that he would check. They also discussed the start date for the construction work. Two weeks later, D changed his mind to carry out with the plan, and A filed a suit in response.
To find: Explain whether the offer even terminated in this case.
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Chapter 12 Solutions
The Legal Environment of Business: Text and Cases
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- Osbom Operator is trying to decide whether he can consider Brooks to be an independent contractor. Osborn pays Brooks a salary but also frequent, large commissions, and the two have for 15 years had a continuing work relationship. In fact, Brooks has been working for Osborn so long that Osborn has allotted him many freedoms, including the ability to determine where, when, and how he wants to work. Even though Brooks performs the same work that is done by the employees in Osborn's business, all of whom work at the business location, Brooks almost never comes to Osborn's business workplace; instead, Brooks works at home in his pajamas without the supervision of Osborn. As long as Brooks completes the work on time, Osborn has no qualms. However, Osborn does require Brooks to do all of his work using the laptop provided to him by the company. Given this information, which characteristic concerning independent contractors and employees is most likely to give Osborn the most trouble in terms…arrow_forwardBUSINESS LAW BUSS2422 Akram posted the offer letter on 2 October 2020 to Salam to sell his Honda City for RM50 000 to be accepted by 10 October 2020. On 4 October 2020 Akram posted another letter to revoke his proposal. The revocation letter reached Salam on 9 October 2020. On 8 October 2020, Salam posted his acceptance letter accepting the proposal. Based on the facts above: (a) Advise Salam as to his legal rights against Akram in relation to the agreement. (b) Explain if your answer would be different if Salam posted the letter of acceptance after the letter of revocation reached him. Support your answer with relevant statutory provisions of the Contracts Act 1950 and decided cases. Format: Times New Roman 12 1% spacing Front cover - Standard Format Number of pages - Minimum 3 pages, maximum 5 pagesarrow_forwardThe Acme Electric Company worked day and night to develop a new current regulator designed to cut the electric power consumption in aluminum plants by 35%. They knew that, although the competition was fierce, their regulator could be produced more cheaply, was more reliable, and worked more efficiently than the competitors’ products. The owner, eager to capture the market, personally but somewhat hastily put together a 120-page proposal to the three major aluminum manufacturers, recommending that their regulators be installed at all company plants. She devoted the first 87 pages of the proposal to the mathematical theory and engineering design behind his new regulator, and the next 32 to descriptions of the new assembly line she planned to set up to produce regulators quickly. Buried in an appendix were the test results that compared her regulator’s performance with present models, and a poorly drawn graph showed how much the dollar savings would be. Acme Electric didn’t get the…arrow_forward
- Mike's Landscaping Inc. enters into an oral contract with the Padres to keep the infield in top condition for the next five years. Six months into the contract the Padres fire Mike. What will happen in a breach of contract suit filed by Mike? Mike will lose because the contract was not in writing Mike will win because he was never late and his work was first rate. O The Padres will lose Mike will win and be awarded the profit he would have made had the contract been performed.arrow_forwardContractor XYX and the Province of Tawi-Tawi, as Project Owner, had a construction dispute. Pedro was Claiming for the return of Retention Money equivalent to P5,000,000.00 inclusive of Arbitration Fees, Attorney’s Fees and Moral Damages. The project owner made a Counterclaim in the total amount of P7,000,000.00 representing damages for defective works, damages for delay (Liquidated Damages) as well as Moral Damages, Exemplary Damages, Arbitration Fees and Attorney’s Fees. XYZ filed the Case before the CIAC on August 17, 2021. After 115 Days, or today December 10, 2021, the Construction Arbitral Tribunal ruled that the Contractor is entitled to a Total of P3,000,000.00. The Award is with interest until the Award is paid. a. In the imposition of interest, what do you think was the rate of interest AND what will the reckoning date of interest: From the Date of filing of the case or From the Date of Tribunal Award? Briefly state your reason. If the Government did…arrow_forwardProvide reaction on discussion below if you agree or disgaree: Whether the limitation of liability in ADT's service contract with Melodee Lane Lingerie Co. is valid would depend on the specific terms and enforceability of that contract. Contractual limitations of liability are generally upheld if they meet certain legal criteria. However, the enforceability of such limitations can vary based on jurisdiction and the nature of the contract. Here are some factors to consider. Clear and Unambiguous Terms: For a limitation of liability clause to be valid, it should be clear and unambiguous in its language. It should not be buried in fine print or hidden within the contract. Bargaining Power: Courts may scrutinize such clauses more closely if there is a significant disparity in bargaining power between the parties. If one party had little or no opportunity to negotiate the terms, it may be viewed less favorably. Public Policy: Courts may refuse to enforce limitations on…arrow_forward
- Prepare a case analysis with 2000-3000 words for the following: A contract forms when one person makes an offer, and another person accepts it by communicating their assent or performing the offer's terms. If the terms are certain, and the parties can be presumed from their behavior to have intended that the terms are binding, generally the agreement is enforceable. While agreement is the basis for all contracts, not all agreements are enforceable. A preliminary question is whether the contract is reasonably certain in its essential terms, such as price, subject matter and the identity of the parties. Requirements 1- An introduction and a conclusion. 2- A critical discussion on the concept of what is an offer, inclusive of the various requirements of an effective and valid offer, with…arrow_forwardTyree and Stella enter into a contract requiring Tyree to pay Stella $500 per month on the first of every month as rent for her storage space. Which of the following examples constitutes a material breach? a. Tyree pays Stella on the second of the month. b. Tyree pays Stella $200 on the first of the month and then $300 the next morning. c. Tyree pays Stella $490. d. Tyree pays Stella $200 at the end of the month.arrow_forward1.A performance bond submitted by a general contractor to an owner guarantees that the owner will perform according to the conditions of the contract. True False 2.A general contractor requires a subcontractor to submit a payment bond to the general contractor on the project. Which of the following is the obligee in this situation? Owner Architect Subcontractor General Contractorarrow_forward
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