Friday, July 26, 2019

Liabilities In Post Contractual Benefit Essay Example | Topics and Well Written Essays - 2000 words

Liabilities In Post Contractual Benefit - Essay Example Jack Horner on July,  23rd 2005, from the date of conclusion of a separate and altogether different contract between Mr. Jack Horner and Amanda/ Patrick. The latter contract was concluded as early as on June,  15th 2005. Besides, the ‘offer’ of 20% deduction, was a means of luring the general public who had still not availed of the benefits of Avoca Haven till then and hence by logic excluded from its purview all those who had already availed of Avoca Haven under its earlier terms and conditions. Even if it were accepted that the ‘offer’ of 20% deduction extended to Patrick/Amanda, it is highlighted that it was only an â€Å"invitation to treat† and not an â€Å"offer† in its legal connotation.2 â€Å"Offer† in this case has to be made by Amanda and Patrick to Mr. Jack Horner, and acceptance of the same is within Mr. Horner’s sole discretion---he may or may not accept it and cannot be forced to accept the same.3 The deposit of $ 500 that Amanda/Patrick paid to Mr. Horner, was in lieu of a contract to avail of Avoca Haven as per its earlier terms and conditions, which was in itself a separate contract clearly distinguishable from the latter invitation of 20% deduction. Since no ‘consideration’ was paid to avail the 20% deduction, no valid contract affecting the same can be concluded. This is so because consideration is a formal necessity, which serves to distinguish those promises by which the promisor intends to be legally bound from those which are not seriously meant.4 The contract that was concluded on June, 15th 2005 did not contain any clause relating to a 20% discount on the total cost of reserving Avoca Haven. Hence a question regarding the enforceability of the â€Å"20% discount† offer does not arise at all.

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