In reference to Case of Gibson versus Manchester City Council there is an agreement to the terms of contract between the council and Mr. Gibson and the application had been received successfully and this meant that it was a valid contract. However, the legal argument before the court is that the contract according Mr. Gibson was is that there was an agreement from the city council replay to his application. In the council advocate claimed that plaintiff replay cannot be considered a contract agreement. According to the plaintiff, the deal may be considered changes of terms that were in the original proposal when the council house was gazetted for sale.
On the other side, Diplock considered an alternative agreement without rejecting Mr. Gibson plead. Though there was evidence whether the council accepted any bid from Mr. Gibson en therefore, the council cannot be held accountable for any inconvenience that Mr. Gibson claims. Adding to this, there was no evidence binding the council with the complainant.
The use of legislations is the process of ensuring that the law is followed and necessary charges pressed against the defaulters. Legislation is the law making process; fresh laws often formulated and enacted in the establishment of a law of contract, which covers the business law. In the case of the Gibson versus Manchester City, this entails the breach of contract though the plaintiff, had failed to give proof of the exchange of documents. The council rejected the application hence; it is considered a mistake to believe that contracts are analyzed as an offers and acceptance.
Media reports show the essence of use of offer and acceptance for example the case of Carlyle v carbonic smokeball, the company made an advertisement concerning a product called “smokeball”. The product had claimed to cure influenza and other diseases, Mrs. Carlill on seeing the advert, which stated that was a compensation of $ 100 if one catches influenza after using the medicine. Mrs. Carlill caught influenza and in that was she sued the company, which stated the contract was not serious. The court held the contract was between Mrs. Carlill and the company so the company has to pay her. This was a case of an offer and acceptance and so the conditions were to be met.
The contract acts made depict an integral part of the business and the daily life. Contracts are based on the concept the contract base on the bargain in which both parties put their bargain amount. Another example includes the pharmaceutical society, Britain v boots cash chemists (southern) Ltd (1953). This includes the invitation of tendering process that would help the contractor to decide on the bid based on the offer.
References
Yin, Robert K. Case Study Research: Design and Methods. Thousand Oaks: Sage Publications, 1994.
Stake, Robert E. The Art of Case Study Research. Thousand Oaks: Sage Publications, 1995.
Hamel, Jacques, Stéphane Dufour, and Dominic Fortin. Case Study Methods. Newbury Park: Sage Publications, 1993.
Feagin, Joe R., Anthony M. Orum, and Gideon Sjoberg. A Case for the Case Study. Chapel Hill: University of North Carolina Press, 1991.
Charlesworth, Esther Ruth. Cityedge: Case Studies in Contemporary Urbanism. Oxford: Architectural Press, 2005.
