Essays on Specific Performance

In order for a contract to be valid. Four elements must be present in an agreement, namely, an offer, an acceptance, consideration, and no defenses (Blum, 2013). An offer refers to a communication made by a speaker that creates as reasonable expectation in the listener that the speaker is willing to enter into an agreement according to the specific terms (Blum, 2013). An acceptance is an expression of assent from the listener to the terms of the offer (Blum, 2013). Consideration refers to a promised action that the speaker and listener agree to do or not do that they ...

Section

The Bidding Charterparty invited tenders for the construction of a new cruise-liner, to be called the Ocean Carpathia. Donelly was invited to tender. However, the person responsible for receiving tenders left work early.

ISSUE: WON Donelly Brothers can compel recognition of its bid? HELD: Yes

DISCUSSION: Similar to the case of Blackpool v Blackpool, it is the duty of the entity requesting for bids to inspect all those which have been submitted. In the case at bar, MC Donelly was actually able to submit its bid on time. It is not the fault of the bidder that their documents were not received in time, as it was the responsibility of the ...

Question 1

Sale of Woolen Wall Rug Sale by Sample Step 1 The first implied term that emerges from these set of facts regards sale by sample. Step 2 The premise of this transaction is a clear manifestation of sale by sample as well as description. Section 15 of the Sale of Goods Act 1895 (WA) stipulates that if a contract is entered into on the basis of the sample, first, the bulk or a great number of the goods must correspond with the features of the original sample. Secondly, the buyer must be given an ample opportunity to carry out ...