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    I think i know what to include and whats it about but i would like a second opinion, plus i have no idea how to start. i would greatly appreciate it, if you guys could help me out. Heres the question:

    Sarah Turner, the owner of a shoe shop has a number of contractual issues for whic h she needs your advice. Sarah has only recently started this business venture and is wishing to implement a system that will assist her to expand the business in the future.

    Firstly, Sarah is interested in puchasing a software package relevant to her business, to store details as to stock availability and records of sales. She approaches the manager of the software company, saleem, and requests a quotation for their package. As business is expected to be quiet over the coming months, saleem immediatley responds by stating "i am certain our company can provide the software package for a price of £5000, ready in eight weeks' time. However you must respond quickly as i can only hold that price for three days".

    Two days later, Sarah telephones the company and leaves a message on the answering machine accepting the offer of £5000 made by saleem, at the same time asking whether the software can be ready to use in six weeks' time, to coincide with the january sales period.

    Subsequently Sarah has second thoughts and telephones the company to cancel the order. the secretary who has now returned from lunch explains she has passed all the answer machine tapes to saleem who will be listening to them shortly, but she would make a note of sarahs wishes.

    Secondly, Sarah was asked by her neighbour Edna to visit her in hospital each weekend during a lengthy stay. in return for sarahs kindness, Edna would give sarah a valuable painting sarah had always shown interest in. sarah visited Edna each weekend over a three month period. upon Ednas return home, she informed sarah that her nephew now wanted the painting and therefore sarah could no longer have it.

    Advise Sarah on her various contractual issues.

    Right.........., i think i get the first one. i think its concerning agreement (offer + acceptance) and revocation, but not sure though.

    And the second part i have no idea tbh.

    I would be most greatful if someone could help me. Thanks
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    The second part will be to due with intention to create legal relations.
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    Thanks, any idea of how to approach the first one? i kinda know but to sure though
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    Approach to the first one is the same as you approach any offer/acceptance question really. You need to go through each statement systematically and work out what it is and when it takes effect. The key is to take it slow and be very very systematic
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    (Original post by jacketpotato)
    Approach to the first one is the same as you approach any offer/acceptance question really. You need to go through each statement systematically and work out what it is and when it takes effect. The key is to take it slow and be very very systematic
    Thanks very much, ive been explaining what the key elements of a contract are mainly focussing on offer and acceptance for the first part, ive also talked about ITCLR and consideration, is this also relevant, basically ive exaplained and discussed the elements and how it fits into the scenario.
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    I think the second part is getting at when does acceptance become effective. You'll also get some brownie points for mentioning that sarah's query about the ready time is not a counter offer.
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    (Original post by The_Goose)
    I think the second part is getting at when does acceptance become effective. You'll also get some brownie points for mentioning that sarah's query about the ready time is not a counter offer.
    Thanks, and yeh i did mention counter-offer. would the second part also include ITCLR aswell as when acceptance becomes effective?
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    (Original post by virdi)
    Thanks, and yeh i did mention counter-offer. would the second part also include ITCLR aswell as when acceptance becomes effective?
    Nothing to do with the software buying bit is to do with INTCLR you could mention it to cover all bases - but the presumption of intention remains in tact.

    the old lady painting bit if definitely to do with intention (i assume this is what you mean by second part?) It would pretty much turn on the relationship between them I think, I haven't really looked at it since first year
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    (Original post by The_Goose)
    Nothing to do with the software buying bit is to do with INTCLR you could mention it to cover all bases - but the presumption of intention remains in tact.

    the old lady painting bit if definitely to do with intention (i assume this is what you mean by second part?) It would pretty much turn on the relationship between them I think, I haven't really looked at it since first year
    Yeh ive tried to cover all the bases of a contract in the first part (software bit). you know for consideration, its whats given and exchnaged isnt it, so it will be the consideration of money for the software and visa versa.

    And yes (the old lady second part),thanks alot.
 
 
 
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