Commercial Contract Case Study Example | Topics and Well Written Essays - 1000 words

Commercial Contract - Case Study character(Atiyah Chapter 1).c.) Acceptance When two parties willingly agree to the terms and conditions of a contract, then the requirements of acceptance gage be claimed to have been met. Thus, the moment Stamatelly showed written acceptance of the laptop at the convolutioned price, the first part of the contract can be said to have begun. Even if Yusuf did not show the initial direct signs of accepting, his action of replying to the netmail to clarify the offered price is an advanced stage of acceptance to sell the laptop. (Atiyah Chapter 1).d.) Acquiescence This is defined as the promise parties actions and inactions as long as the initial acceptance stage had been satisfied. The issue of time is also all-important(prenominal) at this stage, as a seller who makes an offer at certain terms and conditions and receives offers at the same, call for to seal the deal without any further delay. In the above case study, Yusuf first made the laptop o ffer at $200. Stamatelly replied with an earlier lower price of $120. However Yusuf was adamant and fixed the offer at $200, which Stamatelly acquiesced to without further condition. (Atiyah Chapter 1).In the end Yusuf sold the laptop to another party at $180 which was very much less than what Stamatelly wanted to offer. Yusuf also salmagundid conditions for the sale at later stage to include time that the offer will be available. Even though he set the final settlement time of in the lead noon the next day, he had sold the laptop the previous evening. This, coupled with the last minute change of price will be a potential legal suit for breach of business contract. (Atiyah Chapter 1). An compendium of the accusive theory of this contract. In citing the Wilson Court Ltd. Pship v. Tony Maronis, Inc., 952 P.2d 590, 594 (Wash. 1998) (citing U.S. Life Credit Life Ins. Co. v. Williams, 919 P.2d 594, 597 (Wash. 1996), a contract is objective its contemplation is considered over its u nseen subjective intentions of the contracting parties. Thus in the case study, Yusuf exhibited outward manifestation of assent when he clarified that the price would remain at $200. Thereafter, Stamatelly expressed mutual consent on these terms. At no one time was there any dispute about the condition of the mathematical product of contract which is the laptop. (Atiyah Chapter 2 - 4) (Stephen Waddams Chapter 1-3) It is also right to hold that both parties expressed outward manifestation of assent. Yusuf did so by the exclusive advertisement about the Laptop make, condition and price and even gave out his surround numbers and e-mail for authenticity of the advertisement. Stamatelly also did so by writing to accept the offer in terms and condition by e-mail. The e-mail platform in this case study can be held as the outward manifestation whether direct or indirect. This is following the City of Everett v. Estate of Sumstad, 631 P.2d 366, 367 (Wash. 1981). (Atiyah Chapter 2 - 4) (Ste phen Waddams Chapter 1-3) practicable Legal Redress. Stamatelly can rightly seek legal redress. She can aver that Yusuf was in breach of mercenary contract especially at the acquiescence stage. She can cite the issue of time that was first introduced at a later stage