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代写法律英文论文-公司法和商法(双语) 案例Corporate and Business Law Cases

代写法律英文论文-公司法和商法(双语) 案例Corporate and Business Law Cases(由留学生论文-代写留学生论文中心提供)
Case Summaries
Offer and Acceptance
Pharmaceutical Society of Great Britain v Boots Cash Chemists
Held that the display of drugs on open shelves was merely an inducement to the buyer to make an offer to buy, not an offer to sell capable of acceptance.
Hyde v Wrench
An offer to sell at £1,000 was met with a counter offer at £950. This was rejected. The subsequent acceptance at the original price was legally ineffective as that offer had been terminated by the counter offer.
Neale v Merrett
An offer to sell land at £280 was accepted at the full price, enclosing £80 and an undertaking to pay the balance by instalment. This conditional acceptance of the offer had terminated it so no legal contract existed.
Stevenson v Maclean
M offered to sell iron ‘at £2.00 net cash per ton till Monday’.
Monday: S telegraphed to ask if M would accept £2.00 for delivery over 2 months or, if not, longest limit M would give.
10.01: M receives telegram.
1.34pm: S accepts by telegram.
M had sold to someone else. Advised S by telegram sent at 1.25pm which arrived at 1.46pm.
Court held S’s first telegram was a request for information not a counter offer which did not terminate the original offer. A valid contract existed.
Byrne v Van Tienhoven
1 October offer letter posted in Cardiff
8 October revocation letter posted in Cardiff
11 October offer letter received in New York.  Telegram of acceptance sent.
15 October letter confirming acceptance posted in New York
20 October revocation letter received in New York
Held: the letter of revocation could not take effect until actually communicated on 20 October. There was a binding contract.
Carlill v Carbolic Smoke Ball Co.
The Carbolic Smoke Ball Co advertised their product during an influenza epidemic as being able to stave off the flu. If anybody used their smoke ball in accordance with the printed instructions and caught the flu they would pay the individual £100.  To show their good faith they deposited a sum of money with their bank.
Mrs. Carlill caught flu after having use the product very carefully and claimed her £100.  The company refuse to pay, saying that their advert was a invitation to treat only.  The Court held that this was in fact an offer to the whole world, the deposit of money showed intention to be legally bound and consideration was provided by the act of the customer using the product as instructed.
Household Fire Insurance v Grant
Letter applying for shares sent via an agent from Glamorgan to London. A deposit had been paid to the company’s bankers.
Company recorded him in share register. Post office lost the company’s letter of acceptance. Company failed and full payment for the shares was required. Court held G was required to pay in full, as a valid contract had been formed.

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