Dany is an international trader in computer. In June 2018 he wrote a proposal to his most frequent client, Alan, saying that he was offering to sell 100 motorbikes, XYZ brand, latest version for US$1000/a motorbike. The detail description of a motorbike was in the Exhibit A attached with the contract.Alan immediately responded that he accepted the proposal, but he was only willing to receive the good in a safe and sound condition. Decide what are the legal nature of Dany's proposal and Alan’s reply?

Answers

Answer 1

Answer:

A proposal is subject to its acceptance by an offeree. An acceptance can be of three types given as under :-

A. Conditional Acceptance.

B. Express Acceptance.

C. Implied Acceptance.

In the above mentioned offer, Allan has given a conditional acceptance to dany about his willingness to accept the order in a safe and sound condition and thereby making a counteroffer to Dany. Dany after his consent to do so can enter into a contact. This is to be called as qualified acceptance

Explanation:

A proposal is subject to its acceptance by an offeree. An acceptance can be of three types given as under :-

A. Conditional Acceptance.

B. Express Acceptance.

C. Implied Acceptance.

In the above mentioned offer, Allan has given a conditional acceptance to dany about his willingness to accept the order in a safe and sound condition and thereby making a counteroffer to Dany. Dany after his consent to do so can enter into a contact. This is to be called as qualified acceptance


Related Questions

Drivers Ed confusing question

Answers

Answer:

T intersections

Explanation:

The T intersection is representing a 3 way sTop i hope this helps.

Which of the following statement(s) is/are correct?
I.An agency relationship may be created through necessityII.All agents are entitled to be paid for their servicesIII. An agent may form a relationship between a third party and the principa

Answers

Answer:

II

Explanation:

All agent are entitled to be paid for their services

mọi quy tắc xử sự tồn tại tròn xã hội có nhà nước đều là pháp luật đúng hay sai? Giải thích

Answers

Answer:

Sai lầm

Explanation:

Mọi quy tắc xử sự tồn tại trong xã hội có nhà nước đều là pháp luật.

Sai. Các quan hệ xã hội của chúng ta được điều chỉnh bơi các quy phạm đao đức và các quy phạm pháp luật, mà các quy phạm đạo đức thì có thể đượec thể chế hóa và đưa lên thành các quy phạm pháp luật nhưng không phải quy phạm đạo đức nào cũng được dưa lên thành luật cả. Tồn tại xã hội quyết định ý thức xã hội cho nên các quy tắc ứng xử đựoc coi là các chuẩn mực đạo đứa đó đó không nhất thiết phải được xem là pháp luật mà nó song song tồn tại trong xã hội


Provision that authorizes payment to anyone fairly entitled to insurance proceeds only one to the insurance proceeds by reason of having incurred expenses

Answers

Provision that authorizes payment to anyone who is fairly entitled to the insurance proceeds because of having incurred expenses on behalf of the insured for medical treatment and/or burial

Answer:

Facility of Payment Clause

Explanation:

Facility of Payment Clause was formulated to prevent the need to nominate any of the administrator, executor, or guardian to obtain the insurance benefits, and then immediately fasten the settlement of disputes among rival claimants without the unnecessarily wasting time and going through litigation.

Hence, in this case, the right answer is Facility of Payment Clause

Which of the following is not an instruction that would be given to witnesses to prepare them for trial?
If asked to give exact times or measurements, "approximate" your responses.
It is best to elaborate and give detailed answers to questions.
Always control your emotions while on the witness stand.
Always tell the truth and testify with confidence.

Answers

Answer:

Always control your emotions while on the witness stand

Explanation:

Judges are very smart and with your actions while on the witness stand tell them what you mean. so your explanation should. be of reasonable doubt.

At trial in a criminal prosecution for theft, the defendant calls a witness to testify that he formerly knew the defendant as an army supply sergeant and that the defendant had turned down many opportunities for black marketeering.
Is the witness's testimony admissible?

Answers

Answer:

No. Should be no.

Explanation:

black marketeering has noting to do with prosecution because of theft.

BLACK MARKETEERING:

illegal traffic or trade in officially controlled commodities.

THEFT:

the physical removal of an object that is capable of being stolen without the consent of the owner and with the intention of depriving the owner of it permanently.

Black Marketeering pervention has nothing to do with stealing.

Probably not. Under Federal Rules of Evidence 404(a) character evidence is limited. The witness could testify that the defendant has the character trait of honesty but not the specific instances of being honest.

A rock band was about to begin a grueling four-month world tour. The band's manager telephoned a massage therapist and said that he would like to reward the band for all their hard work on the tour by booking massages for all of the band members immediately after the last show in the tour. The therapist agreed to perform the massages at a deeply discounted rate because she secretly was a devoted fan of the band and excited to have the opportunity to meet the band members. Just before the first scheduled performance, the band's singer developed a rare throat infection, and as a result, the band had to cancel the tour at great expense. The manager notified the massage therapist that her services would not be needed. The therapist objected and demanded that the manager arrange for her to perform the massages for the band at a different time.

a. Is there a contract?
b. Was it breached?

Answers

Answer:

a. There is a contract between the band manager and the massage thereapist because the elements of a contract (mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality) are fully satisfied.  However, it is a conditional contract.  The condition for executing the contract was missing as a result of the occurrence of the unforeseen event.

b. The contract was not breached.  It was frustrated because an unforeseen event occurred and prevented the contract from being performed as agreed.  The band manager can still rearrange the massages to be performed at a different time.

Explanation:

Though the massage therapist heavily discounted the rate of the massages, there is still adequate consideration because she was using the opportunity to satisfy her excitement to meet the band members while at the same time collecting some fees for her work.  A contract may be frustrated with the occurrence of an unforeseen event after the contract is entered, especially when the event is not within the control of the parties as in this case.

The defendant wanted to borrow his neighbor's car to go shopping for lawnmowers. Knowing that the neighbor was out of town for the weekend, the defendant opened the neighbor's garage door and took a car key that the neighbor hid in an old coffee can for emergencies. Once inside, the defendant, mistakenly believing that larceny applied only to the taking of items valued at over $100, decided to take the neighbor's lawnmower (worth $75) in order to trade it in on a new mower. However, on the way to the store with the mower, he was involved in an automobile accident, totaling the car. In a common law jurisdiction, of what property is the defendant guilty of larceny

Answers

Answer:

In a common law jurisdiction, the property that the defendant is guilty of larceny is the lawnmower.

Explanation:

Larceny or theft is the intentional possession of someone's property for the purpose of permanently depriving the owner of its use.  The property may be the person's identity, intellectual property, services, and personal property.  Though the automobile was totally ruined, the neighbor did not initially intend to dispossess the owner of the car.  But he intended to dispossess the owner of the lawnmower since he was about to trade it in for a new one, which will belong to him and not the former owner.

Bài 1: Công ty Cổ phần Tấn Tài đăng kí doanh nghiệp ngày 10/10/2015 với 3 cổ đông sáng lập là A, B, C. Công ty có vốn điều lệ là 1 tỷ và phát hành 100.000 cổ phiếu (mỗi cổ phần trị giá 10.000 đồng) trong đó cổ phần phổ thông 800 triệu, 50 triệu CPUD biểu quyết và 150 triệu CPUD cổ tức. Hỏi: a, A, B, C phải đăng kí mua ít nhất bao nhiêu cổ phần phổ thông. b, Ông Đức nắm giữ 10% cổ phần của công ty và muốn mua thêm cổ phần ưu đãi biểu quyết của công ty Tấn Tài. Yêu cầu trên có được không. C, Tháng 10/2019 ông A do không hài lòng với các chính sách của công ty nên đã chuyển nhượng các cổ phần của mình cho người khác. - Ông A có được chuyển nhượng không? Vì sao? - Nếu A chuyển nhượng hết thì hậu quả pháp lý đối với công ty Cổ phần Tấn Tài là gì?

Answers

Explanation:

get Garbrumeyjjethztjarhatjztjafnatmstbatnatntn

Which of the following BEST describes the “rule of four”?
A.
The Supreme Court uses the rule of four after they have heard a case to decide whether they will issue an opinion on the case.
B.
The Supreme Court uses the rule of four to determine whether a case will be granted a writ of certiorari.
C.
It refers to the number of votes required to make a majority decision on the Court.
D.
The rule of four refers to the number of justices it takes to form a minority opinion on a case

Answers

Answer:

i think its B

Explanation:

After a robbery, what is the purpose of conducting a neighborhood canvass?
to look for hiding suspects
to identify and interview witnesses
to check for footprints or tire tracks
to find stolen items

Answers

Answer:

b

Explanation:

if it's for the entire neighborhood, it being witnesses would make sense.

i think it’s B :)
have a good day

What is the purpose of cross-examination during a trial?
O A. To convince the judge to deliver a verdict immediately
B. To summarize each side's arguments to the jury
C. To make witnesses look untrustworthy and suspicious
D. To give the jury a firsthand account of an incident

Answers

C. To make witnesses look untrustworthy and suspicious.

Cross-examination is used during a trial to test the witness's credibility and to create doubt.

Answer:

To make witnesses look untrustworthy and suspicious

Explanation:

The use of alcohol can cause____

Answers

Answer:

sugar diebetis

Explanation:

As we can say alcohol contain a lot of C6,H12,O6

excessive alcohol use can lead to the development of chronic diseases and other serious problems including: High blood pressure, heart disease, stroke, liver disease, and digestive problems.

Vì sao nói tác phẩm báo chí là một chỉnh thể? Nhận thức tính chỉnh thể của tác phẩm báo chí có thể giúp ích gì cho nhà báo và công chúng trong quá trình sáng tạo và tiếp nhận báo chí?

Answers

Answer:

em cũng muốn hỏi

Explanation:

Onyango is employed by Tropical College in Nairobi as a driver while he was transporting some of the college students to the city centre after classes; His attention was diverted when he saw some girls playing netball in a field next to the road. He lost control of the bus which then landed in a ditch and Wafula one of the students aboard was injured. Wafula seeks your advice as to whether he should sue the college or Onyango for damages for negligence. What advice would you give Wafula?

Answers

Answer:

Wafula should sue the college

Explanation:

The college is responsible for keeping the student's safe atleast while they are still in the custody of the school. The college is also responsible for hiring drivers in whose hands the life of the students lies during transport. Therefore based on the narration given, which gives clear evidence showcasing negligence on the path of the driver. In other to forestall future occurence, the college should be sued for their driver's negligence being the employer. The college may decide to come up with more rigorous employment tests when hiring to forestall avoidable mistakes of this sort in the future.

If a person knowingly causes the death of another person after deliberation on the matter, that crime is termed
second degree murder.
first degree murder.
third degree murder.
fourth degree murder.

Answers

- First-degree murder

_____

First-degree murder is premeditated, and often times deliberated beforehand.

_____

- Second-degree: A second-degree murder refers to the unpremeditated, but intentional killing of another person.

- Third-degree: Less serious felonies; almost always eligible for a probationary sentence.

_"Fourth degree:" This is known as involuntary manslaugther; no intention to kill but a negligent or careless act leads to the death.

ANY COLLEGE STUDENT KNOW HOW EXAMITY WORKS?

Answers

Answer:

chill with the caps and uhh no

Explanation:

Onyango is employed by Tropical College in Nairobi as a driver while he was transporting some of the college students to the city centre after classes; His attention was diverted when he saw some girls playing netball in a field next to the road. He lost control of the bus which then landed in a ditch and Wafula one of the students aboard was injured. Wafula seeks your advice as to whether he should sue the college or Onyango for damages for negligence. What advice would you give Wafula?

Answers

Answer:

I think he should sue Onyango for damages for negligence .....Because it was is fault the bus landed into a ditch ...The college didn't have a problem

jails never hold more than 1,000 prisoners

true or false

Answers

Answer:

False

Explanation:

The United States has the highest incarceration rate in the world. This is despite the national incarceration rate being at its lowest in 20 years. About 25% of the world’s total prison population is in the United States, which holds about 2.19 million prisoners as of 2019 (1.38 million in federal and state prisons, 745,200 in jails).

It false, i got the unit 8 for this question and it false

Explanation:

A federal statute imposed criminal penalties for killing certain specified animals that have been determined by Congress to be of importance to the tourism industry in the region in which the animal was located. Among the animals protected was the red fox. However, a state in which the red fox was located classified the animal as a varmint that could be destroyed at will by anyone with a general hunting license. A rancher who possessed a valid state general hunting license regularly shot and killed red foxes that ate his artichoke plants.

If the rancher is prosecuted under the federal statute and challenges the constitutionality of the law, which of the following is the strongest constitutional argument in support of the federal statute?

a. The commerce power.
b. The Necessary and Proper Clause.
c. The police power.
d. The power to regulate federal lands.

Answers

Answer:

c.

Explanation:

If for example  in a neighborhood , people have different rules as to what goes on their rented private lands and while the neighbor with blue house allows bugs as a cruelty free zoning opportunity ,the neighbor with the red house made it well known that any bugs that are on his land can be hurt and killed with any process as long as it doesn't affect his property.The bugs where killed but as the blue neighbor disagrees they go to the townspeople to settle if those bug should have been transported to the blue house.In this case the case should be given to the closest authority which is the police. please correct this story to explain the situation at hand.

A person who knowingly causes the death of another while committing a criminal act, but who did not act under the influence of sudden passion, has committed
second degree murder.
involuntary manslaughter.
voluntary manslaughter.
first degree murder.

Answers

Answer:

I'm pretty sure its C. voluntary manslaughter

the law enacted by the military is called what​

Answers

In simple terms, decrees are federal laws made in a military regime, edicts are state laws in a military regime.

as a law enforcement officers, how you will handle a situation if a person with mental illness is involved?​

Answers

There’s different types of mental illness for people, mostly all officers should take a training class that could be provided however some don’t, officers should speak to them in a polite way and be patient with them, if the person has someone the law enforcement officer can contact they will contact the emergency contact.

List the two pieces of legislation relevant to use
in the workplace

Answers

Answer:

the two pieces of legislation relevant to use

in the workplace are listed below:

●The Health and Safety at Work Act 1974.

●The Management of Health and Safety at Work Regulations 1999.

Questioning whether an error of law was made at the trial court lever is called
a/an?

Answers

Answer:

Trevor1984. Questioning whether an error of law was made at the trial court level is called an appeal

How are members of house committees determined?

Answers

Types of Committees
There are three types of committees: standing, select, and joint.

Standing committees are permanent committees whose jurisdiction is identified in the House Rules.

Select committees are created by a resolution to conduct investigations or consider measures, usually on a specific topic, and are not renewed on a permanent basis.

Joint committees, such as the Joint Committee on Taxation, have both House and Senate members and typically conduct studies rather than consider measures.

Number of Standing Committees
There are currently 20 standing committees and one permanent select committee in the House. For current committee information, please refer to the website of the Clerk of the House.

Answer:

Each of the committees is determined at the beginning of each Congress by House leaders who set the number of committees and subcommittees, their size, and the ratio of majority to minority members on each panel.

Explanation:

Each of the committee is determined at the beginning of the Congress

do you think your neighborhood is likely to have high or low rates of crime? Why?

Answers

My neighborhood is likely to have a low crime rate, because everyone has trust and accountability in my neighborhood.

Samatha has a small business selling clothes. Because his shop is too small to store all his goods so he must hire a warehouse. Each time that he took goods to the warehouse he was asked to sign an invoice which contained an exclusion clause stating that the warehouse owners were not liable for any damage to the goods. This invoice was put into effect in September 2020, whereas the contract had been agreed on July 2020. One day, Samatha came to take his clothes but realised that most of them were burned due to a fire. As a result, he required the warehouse owner to compenstate him and refuesed to pay for the storage. The warehouse owners brought action against him.

Answers

Question Completion:

Do the warehouse owners have to be responsible for the loss?

Answer:

Samatha Vs Warehouse Owners

Legally, the warehouse owners are not liable for the loss.  Through a series of previous dealings, the contract terms were restated or amended using the exclusion clause on the invoice, which Samatha signed.

Samatha should have been aware that exclusion clauses lessen contractual liabilities, and if he had continued to sign the invoices bearing the exclusion clause without objection, then he had consented to the exclusion.

Therefore, the warehouse owners are entitled to payment for warehouse storage, and Samatha has lost his right to claim compensation for the damage to his warehoused goods.

Explanation:

According to the Uniform Commercial Code, a series of previous conduct between Samatha and the Warehouse owners may create a common basis for understanding and interpreting the amendment of the underlying contract.  For example, an exclusion clause can be introduced in the contract through previous dealings.

Need help with drivers Ed question

Answers

Answer:

It is a two way road

Explanation:

Traffic circles are generally two lanes going in, two lanes coming around and two lanes exiting the circle

Answer:

it's a two-way road I'm pretty sure

Which is characteristic of an exit wound?
Minimal bleeding typically appears.
It is typically a large wound.
Gunpowder grains are often found around it.
It often has a smooth appearance.

Answers

Gunpowder grains are often found around it
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