Carlill V Carbolic Smoke Ball

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    Smoke

    ssssssssss dddddddddddddd jjjjjjjjjjjjjjjjjjjjjjjjjjjj v ssssssssss dddddddddddddd jjjjjjjjjjjjjjjjjjjjjjjjjjjj v v vssssssssss dddddddddddddd jjjjjjjjjjjjjjjjjjjjjjjjjjjj ssssssssss dddddddddddddd jjjjjjjjjjjjjjjjjjjjjjjjjjjj v ssssssssss dddddddddddddd jjjjjjjjjjjjjjjjjjjjjjjjjjjj ssssssssss dddddddddddddd jjjjjjjjjjjjjjjjjjjjjjjjjjjj ssssssssss dddddddddddddd jjjjjjjjjjjjjjjjjjjjjjjjjjjj ssssssssss dddddddddddddd jjjjjjjjjjjjjjjjjjjjjjjjjjjj v v v v smoking is bad for the lungs ssssssssss dddddddddddddd

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    Business Law

    cases which distinguishes offer from invitation to treat are: a) Spencer v Harding (1870) – The defendant, a stock broker published a circular inviting to make tenders to buy stocks. The claimant was highest bidder. But nowhere in their circular had the defendant mentioned that they will sell stocks to the highest bidder. It was established that the defendant made an invitation to send proposals to buy stocks. b) Payne v Cave (1789) established that auctioneers request for bids are not offers

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    Old Smoke

    Old Smoke In today’s society, tobacco smoke is a concern which has resulted in banning smoking in the workplace, restaurants, and recreational facilities that have sporting events. Numerous studies have found that tobacco smoke is the major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer (Model Ordinance Prohibiting Smoking in all Workplaces, n.d.). A smokefree

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    Old Smoke

    "Old Smoke" Case 8.4 Michael A. Kidd Professor Jane Bolduc Osburn Business Ethics – BUS 309 February 20, 2012   Explain how you would handle this situation if you were Charles Renfold. When we look at this scenario, I can only imagine how many times this same situation happens in workplaces all over the world. For Charles Renfold, handling the situation will require tact, understanding, and patients

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    Business Law

    offer can be accepted by any person by fulfilling the terms of the offer. In case of general offer, the contract is made with person who having the knowledge of the offer comes forward and acts according to the condition of offer. * Carlill v Carbolic Smoke Ball Co. * If any person, by means of a advertisement, advances an offer in public to the effect that he will pay a specified remuneration to any person for performing any work specified in the advertisement, and if any person performs the

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    Ball and Brown

    paper. 7Alternatively, 35 to 40 per cent could be associated with effects common to all firms when income was defined as tax-adjusted Return on Capital Employed. [Source: Ball and Brown (1967), Table 4.] 8 We call M a "market index" of income because it is constructed only from firms traded on the New York Stock Exchange. 162 RAY BALL AND PHILIP BROWN where the hats denote estimates. The expected income change for firm j in year t is then given by the regression prediction using the change in the, average

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    Carlill V. Carbolic Smoke Ball Co.

    Sample case summary of Carlill v Carbolic Smoke Ball Co [1892] 2 QB 484 Prepared by Claire Macken Facts: • Carbolic Smoke Ball Co (def) promises in ad to pay 100 pounds to any person who contracts flu after using smoke ball. • Carlill (plaintiff) uses ball but contracts flu + relies on ad. Issue: Was there a binding contract between the parties? - A contract requires notification of acceptance – Did Mrs Carlill notify Carbolic of the acceptance of the offer? - Did Mrs Carlill provide consideration

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    Smoke Alarms

    Smoke Alarms Each year most people are in disbelief and doubt that something as critical as a fire could happen to them, this skepticism has led to more deaths and property damage than should have occurred. In the current generation smoke alarms are mandatory and advancements to the technology have been occurring rapidly. With the use of smoke detectors, firefighters have been more successful in the saving of lives and the protection of property. Even with smoke detectors getting more technologically

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    Up in Smoke

    even ban the use of tobacco can result in a sharp decline of tobacco use. Thus, advocates who suggest that marijuana use is not that much different from the use of tobacco face an increasingly shaky argument, as the public outcry to ban cigarette smoke and other forms of tobacco use from public forums has grown more insistent. With the possible exception of its use in carefully monitored medical treatments, advocates of legalizing marijuana have little remaining support for their cause. Advocates

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    Old Smoke

    Old Smoke Bus 309 Lynne Anderson Professor Richard Carroll Strayer University February 21, 2012 1. Explain how you would handle this situation if you were Charles Renfold.     What is Darlene’s personality?  Is she a valuable employee with a sunny disposition and the ability to get along with everyone, who happens to have an allergy to cigarette smoke or has other general respiratory problems?  Or is she an employee who has a different problem every day, no matter what the circumstances

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    Why Smoke

    Watson 11 CPLA 4 March 2013 Why Smoke Have you ever tried a cigarette or been around someone who has? Many people smoke because of stress in their lives, Post Traumatic Stress Disorder, and peer pressure. Smokers have a feeling of relief when they start the cigarette and when they finish. The majority of smokers try to quit but only 50% succeed in quitting. My whole life I have lived with at least two smokers in my family so I experience second hand smoke majority of my life. Many people

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    Dangers of Secondhand Smoke

    DANGERS OF SECONDHAND SMOKE ____________________ In Partial Fulfillment Of the Requirements for the Course Communication Arts II ____________________ By Julienne TABLE OF CONTENTS I. INTRODUCTION…………………………………………………………………….. II. NATURE OF SECONDHAND SMOKE…………………………………………….. III. CHEMICAL COMPOSITION OF SECONDHAND SMOKE…………………….... A. Cotinine…………………………………………………………………………... B. Carcinogens………………………………………………………………………. 1. Carbon Monoxide………………………………………………………………

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    Dont Smoke

    Don’t Smoke Cigarettes I. Introduction A. Do you ever see those people who have to talk threw a hole in there throat? Well that is called a stoma and is caused by larynx cancer. B. Do you think that smoking is really that bad for you well truth is that It really is C. In 2011 18% of all high school students were smoking and most people start smoking when they are teens. D. 1. First I’m going to tell you about some reason that you don’t want to smoke cigarettes 2. I will

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    Contract Law

    Sample case summary of Carlill v Carbolic Smoke Ball Co [1892] 2 QB 484 Prepared by Claire Macken Facts: • Carbolic Smoke Ball Co (def) promises in ad to pay 100 pounds to any person who contracts flu after using smoke ball. • Carlill (plaintiff) uses ball but contracts flu + relies on ad. Issue: Was there a binding contract between the parties? - A contract requires notification of acceptance – Did Mrs Carlill notify Carbolic of the acceptance of the offer? - Did Mrs Carlill provide consideration

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    Contract Law

    by acceptance. Case (Carlill v Carbolic Smoke Ball Co), Carbolic Smoke Ball co had stated in an advertisement that £100 will be rewarded to any person who after using the ball and still caught flu. However, Mrs. Carlill bought and used the smoke ball and ended up with flu. Therefore, she claimed the £100 from the company and they refused to pay her even receiving letters from Mrs. Carlill’s husband, who was a solicator. In the end, Mrs. Carlill sue the company. Mrs. Carlill sued, arguing that there

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    Janet Can Sue Jack for Breach of Contract.

    made by the offeror to the offeree with the intention to be bound by such promise or proposal without further negotiation. (Srivastava, 2012) Refer the related case law with judge statement help to state general rules: According to Carlill v Carbolic Smoke Ball Co. (1893), Offer is a definite proposal made to the offeree by the offeror. There must also be intent to be bound by such an offer. State the case situation which matches the case law. Conclusion Offer and acceptance Elements:

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    Smoke

    weight loss, shortness of breath, and chest pains.[1] The most common cause is long-term exposure to tobacco smoke,[2] which causes 80–90% of lung cancers.[1] Nonsmokers account for 10–15% of lung cancer cases,[3] and these cases are often attributed to a combination of genetic factors,[4] and exposure to; radon gas,[4] asbestos,[5] and air pollution[4] including second-hand smoke.[6][7] Lung cancer may be seen on chest radiographs and computed tomography (CT) scans. The diagnosis is confirmed

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    Summer and Smoke

    William,Tennessee. Summer and Smoke. New York: New Directions, 1948. Tennessee William’s “Summer and Smoke” is an excellent play which happened shortly after world war two in Glorious Hill, Mississippi. Alma Winemiller lives in a spiritual world, and John Buchanan, Jr., is absorbed with the physical world. Alma has been in love with John Buchanan since she was a small child. She is a kind woman, who loves with her soul and not with her body. John Buchanan Jr. is known for being friendly with

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    Law 1701 Major Assignment

    provide specific purchase of the farm, but Vicky did state that she could not be able to sell the land upon the approval of the application and there were not any terms, promises or legal bindings. The key fact here is highly relevant to the case Harvey v Farcey to conclude a statement that is not offer but a request of information and a supply of information. The communication between two parties were merely an intention to treat the whole transaction as a contract without clear understanding about it

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    Foul Ball

    Foul Ball 1. What argument would you make on behalf of Emily that the owner of the baseball park had a legal obligation to protect her from wild baseballs? The land, for which the baseball park is on, is a public place. A public invitee is one who is invited and enters the land for the purpose for which the land is held open to the public, in this case a baseball field. The owner of this public land has a duty to protect his invitees with reasonable care, because he is the possessor of the

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    Essay

    an offer to the offeree in return for an act. Followings are examples of a unilateral contract which courts agreed. * Advertisement that amount to an offer made to the whole world at large; * Offers of rewards; (The major precedent is the R v Clarke case ) * Acceptance. (ii) Acceptance of the offer: The act of acceptance will occur when the offeree performs acts that are consistent with the terms of offer. Only when both parties have given their mutual consent does the law consider

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    How Is an Offer Terminated?

    expiry of the period that the offeror intended to remain open. If there is no stipulation of time, the offer will expire after a reasonable time by which depends on the subject matter, means of communication and other circumstances. In Ramsgate v Montefiore (1866) an offer to buy shares was held to have lapsed when three months later the offeree purported to accept it. Revocation The offerer may withdraw or revoke his offer at any time before the offeree accepts the offer. However, revocation

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    Business Law

    contract may be illegal at the time it made or lacks important elements of the contract. The case which support the void contract is Griffith v Breymert (1903). Court held that, the contract is void and the plaintiff was entitled to recover his £ 100 as the coronation did not take place. Addition case to support this kind of contract is David Taylor & Son v Barnett Trading Co [1953] it was held that the contract had been illegal at its formation due to the provision of set prices that exceeded the

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    Exotic Smokes Outline

    Exotic Smokes Cigarette Company University of Phoenix Exotic Smokes Cigarette Company Consumer Behavior Outline 1. Introduction a. Competition for Exotic Smokes i. Electronic cigarettes ii. Smokeless tobacco products (Villanti, Richardson, Vallone, & Rath, 2013) iii. Flavored cigars (King, Dube, & Tynan, 2013) b. Current information on flavored cigarettes iv. Per the Food and Drug Administration (2013), there is a ban on the

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    Alllah Ho

    of person or to the whole world. CARLILL V CARBOLIC SMOKE BALL CO . FACTS- Th manufacturers of a patent medicine is published an advertisement by which they undertook tp pay pounds reward....to any person who contracts influenza after having used the smoke balls three times daily for 2 weeks. The advertisemnet added that 1000 pounds had been deposited at a bank showing our sincerity in this matter The claimant read the advertisement , purchased the smoke ball and used it as disrected. She contracted

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    Bis-4 Steps Process

    Ltd v Commonwealth (1969) 121 CLR 353 case, the Commonwealth government said to pay a subsidy to companies that imported timber products into Australia but after some initial payments, they stopped. The issue is whether the subsidy load considered as a legal enforceable promise, which is later decided by the court that it is not. This is called illusory promises in which the amount is not yet to be stated (Lambiris 2012, 248). Advertisement is accounted as an offer in Carlill v Carbolic Smoke Ball

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    Testing

    skins at 10d per pound”. It was only a third of the price offer previously. Mr. Hartog wanted this price and Colin v. Shield denied any binding contract was created. The judge decided that there was no any contract. The form of offer contained a mistake. Hare skins were generally sold per piece and Mr. Hartog realized that skins sold per pound would make advantage for him (Hartog v Colin & Shields, 1939) An invitation to treat needs to be distingue from an offer. Invitation to treat is an indication

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    Leonard V. Pepsico.

    Case Review/IRAC Case Citation John D.R. Leonard, Plaintiff v. Pepsico, Inc., Defendant 88 F.Supp.2d 116 (1999) Key Facts Pepsico conducted a test of a new promotion in the Pacific Northwest from October 1995 to March 1996 where plaintiff saw the advertisement and contended that it offered a Harrier Jet. Through acquaintances, plaintiff raised $700,000, and wrote a check to Pepsi along with 15 pepsi points and a filled out order form for 7,000,000 additional Pepsi points. Defendant’s fulfillment

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    Distinction Between Offer, Invitation to Treat and Advertisement

    – is needed to be able to identify specific examples of where an offer or an invitation to treat exists. If the maker of the statement clearly intends to be bound by acceptance of the stated terms the statement will amount to an offer. In Harvey v Facey [1893] ,Harvey sent a Telegram to Facey which stated: - "Will you sell us Bumper Hall Pen? Telegraph lowest cash price-answer paid;" Facey replied by telegram:- "Lowest price for Bumper Hall Pen £900." Harvey then replied:- "We agree to buy

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    Webs of Smoke

    Webs of Smoke: Kathryn Meyer & Terry Parssinen The book “Webs of Smoke” written by Kathryn Meyer and Terry Parssinen is published in the year of 1998 by Rowman & Littlefield Publishers, Inc. Kathryn Meyer received her Ph.D. from Temple University. She has taught East Asian history at Temple University-Japan, Ohio Wesleyan University, Lafayette College and Wright State University. The other author, Terry Parssinen received his Ph.D. in the History of Ideas program from Brandeis University. He

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    Business Law Report

    because it does not show that there are any changes in the context of the contract. In addition illusory promise cannot be enforced if there are no changes in the context of the contract(Lambiris 2010 pg 38). In the case of Placer Development Ltd v Commonwealth(1969)121 CLR 353, a subsidy would be paid to companies who imported timber into the country which is Australia by the commonwealth government. The Government did pay the importers the subsidy for a period of time but stopped for an unknown

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    Balls & Business

    RF ORMANCE I NDIC ATOR ™ TECHNICAL OVERVIEW 2 GOLF BALL CONSTRUCTION AND THE EFFECT OF WATER ON A GOLF BALL 3 RESEARCH AND CONCLUSIONS (PAGE 4) 5 HOW WATER DAMAGE, UNAUTHORIZED REFINISHING, AND REFURBISHING AFFECT A GOLF BALL 6 HEAR IT FROM THE EXPERTS 8 ARTICLE LINKS 9 DID YOU KNOW THAT THE USGA REGULATES DISTANCE? 2 GOLF BALL CONSTRUCTION The two final layers or coatings of golf ball construction include a primer and a “protective” gloss coating

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    Case Note

    Case Note: Carlill v Carbolic Smoke Ball Co Introduction This case note comments on the decision of Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256. It examines whether any person who act upon the required conditions of a contract is legally bounded by this unilateral offer. The significance of the case lies in the establishment of a precedent that an offer of contract can be unilateral and does not have to be made to a specific party. It also established that notification is not necessarily

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    Carbolic Smoke Ball

    Page1 *256 Carlill v Carbolic Smoke Ball Company. In the Court of Appeal. 7 December 1892 [1893] 1 Q.B. 256 Lindley , Bowen and A. L. Smith , L.JJ. 1892 Dec. 6, 7. Contract—Offer by Advertisement—Performance of Condition in Advertisement—Notification of Acceptance of Offer—Wager—Insurance— 8 & 9 Vict. c. 109 — 14 Geo. 3, c. 48, s. 2 . The defendants, the proprietors of a medical preparation called “The Carbolic Smoke Ball,” issued an advertisement in which they offered to pay 100l.

    Words: 8045 - Pages: 33

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    Business Law

    Teacher, 2010) Regarding to this case (Carlill v Carbolic Smoke Ball Company Ltd) [1893] 1 QB 256. Newspaper ads establish the defendant expressed: - £ 100 prize will be paid by the organization calling carbolic smoke any person who gets the flu as a result of the use of the ball three times a day for two weeks, as printed headers are included with every £ 1,000 saved the ball with Alliance Bank, sewing our identity in this matter. Mrs. Carlill bought smoke balls and used them in line with the bearings

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    Commercial Law Summaries 1 - Contract Formation

    create legal relations Carlill v Carbolic Smoke Ball Co ‘Test’ of intention (I) to determine if agreement between parties were intended to have contractual force Edmonds v Lawson Domestic Agreement (NI) btwn close family members are not legally binding Balfour v Balfour Cohen v Cohen Domestic Agreement (I) with additional circumstances Merritt v Merritt Wakeling v Ripley Agreement btwn friends/ to provide charitable services (NI) are not legally binding Teen Ranch Pty Ltd v Brown Agreement btwn friends/

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    Ball Girl

    Amazing Catch I will use the three stages of the perception process to identify the process I followed in determining whether or not the situation shown in the video is possible. The video shows a ball girl scaling the back wall of a baseball field and catching a home run. I believe that the ball girl catch was real; I will explain how I used the three stages of perception to come to my conclusion. I will also describe the characteristics of each step, and information I focused on. Before

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    Cigarette Smoke

    Proposal Essay Cigarette Smoke It is obvious to all of us that tobacco is extremely harmful. Growing up in the culture that we do, the dangerous effects of tobacco are commonly known. Even with all of these warning signs, tobacco use is still extremely common around the world. Leah Diplacido a Ph.D. with the National Cancer Institute (NCI) reports that “438,000 deaths are attributed to cigarette smoking each year: an additional 38,000 deaths are caused by second hand smoke” (DiPlacido 1). This

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    Old Smoke

    respectful to not smoke while she is in there the residue of the smoke still remains in spite of them opening the window to air out the room. Charles realizes that the law is his state requires him to provide a smoke free environment when the employee desires it. If I were Charles I would provide another area in which Darlene could do the necessary report. Darlene is in titled to have her moral and human rights respected by her employer. She does not have to be subjected to the old stale smoke in the room

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    Frwef

    number of shops, as in the notice says “Shop available for sale” and he could not reasonably intend to be bound to lease to all those who might accept it. Therefore no promise existed and it is considered an invitation to treat as in the case Partridge v Crittenden [1968]¹. Although the wording in Vladimir’s advertisement is different to the Partridge’s case, it is suggest that the result is same in the both cases. In saying that “Shop available for sale”, Vladimir did not show a will or intention to

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    Old Smoke

    “yesterday” and second Darlene Lambert informed him the odor of smoke in the file room was awful and she refused to work in there. The refusal on Darlene’s part to go inside the file room where the smell of old smoke is prevalent has put her job in jeopardy. Mr. Renfold should explain by refusing to produce the required report; she is being insubordinate and he has grounds for dismissal. Since the state law requires companies to provide a smoke-free work area for those who desire it (Shaw, 2010). Charles

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    Balls

    Sycara V FOR SALE 68.15m (223'7"ft) | Nobiskrug | 2010 Cabins: 7 Guests: 12 Luxury Superyacht Sycara V For Sale Crew: 20 Sycara V is a 68m superyacht, custom built in 2010 by Nobiskrug in Rendsburg (Germany). This luxury vessel's sophisticated exterior design and engineering were also carried out by Nobiskrug. Beam: 12.00m (39'4"ft) Draft: 3.60m (11'9"ft) Speed: 14.00 kts Price 75 000 000 € Details correct as of 12 Jul, 2016 Built/Refit:

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    Old Smoke

    Joseph Lockaby Professor Bill Lolius Assignment #2 Case 8.4 Old Smoke BUS 309 November 27, 2011 Old Smoke This is case regarding smokers and non-smokers in the workplace. Smokers are entitled to smoking rights while non-smokers are entitled to their rights. Can a company infringe on the rights of smokers verses non-smokers and how will this affect the productivity of the workers? This will be discussed in this the questions that are asked in this case and what how smoking and

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    Carlile vs Carbolic Smoke Company

    Carlill vs Carbolic smoke company INTRODUCTION Since a contract is generally referred to as a binding set of promises (agreements) with which courts will enforce, the main issue in Carlill and Carbolic Smoke Company is whether there was a binding contract between the parties or not. A contract requires notification of acceptance – Did Mrs Carlill notify Carbolic of the acceptance of the offer and what are the exceptions if any? Did Mrs Carlill provide consideration in exchange for the 100 pounds

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    Intro to Business Law Cases

    business transaction during the initial contact, it was a social and private arrangement at the time the offer was made. It is also a legal presumption that agreements made in a social environment are not be legally binding[1]. The case of Dietrich v Dare (1980) 54 ALJR 388[2], further illustrates this presumption, where no intentions of a legally binding agreement could be determined. Agreement- Offer and Acceptance “An offer is an undertaking by the offeror made with the intention that it will

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    Carlill V Carbolic Smoke Ball

    Carlill v Carbolic Smoke Ball Co [1892] Facts: • Carbolic Smoke Ball Co (def) promises in ad to pay 100 pounds to any person who contracts flu after using smoke ball. • Carlill (plaintiff) uses ball but contracts flu + relies on ad. Issue: Was there a binding contract between the parties? - A contract requires notification of acceptance – Did Mrs Carlill notify Carbolic of the acceptance of the offer? - Did Mrs Carlill provide consideration in exchange for the 100 pounds reward?

    Words: 849 - Pages: 4

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    Old Smoke

    Case 8.4 “OLD SMOKE” DONALD HITCHCOCK SHAFIQUR MALLICK BUS 309 BUSINESS ETHICS JANUARY 28, 2012 CASE 8.4 OLD SMOKE 1. Explain how you would handle this situation if you were Charles Renfold. If I were Charles Renfold and was confronted about the smell of “old smoke’’ I would listen to the complaint from Darlene and explain to her that the company has not banned smoking at the work place. I would also remind Darlene that she has a job to accomplish in the file room and that this is what

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    Old Smoke

    Old Smoke Explain how you would handle this situation if you were Charles Renfold. If I were Charles Renfold, smoking would be restricted in the workplace areas. He should take in to concern that secondhand smoke is hazardous to your health. Smoking in the workplace has always been an issue. Alice and Frank were always considerate when Darlene came into the file room by not smoking and opening the windows. However, you still have the smell of old smoke. Smoking should not be permitted in the

    Words: 1207 - Pages: 5

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    Old Smoke

    “Old Smoke” BUS309 11/23/2011 1. Explain how you would handle this situation if you were Charles Renfold. Charles Renfold is put in a tough situation. He is counting on Darlene to help him with a report and last minute was left alone to do it because of the “old smoke” smell that lingered in the filing room. The way Darlene handled the situation was not professional or appropriate. I would have told her that as soon as we were done with the report, I would have done something about the smell

    Words: 1185 - Pages: 5

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    Aj Ball

    AJ Ball Anthony Ball was a stud senior on the 05 star studded team for the Ceres High Bulldogs who went by the name AJ. I was a freshmen in 05 when AJ lead CHS as it was the only high school in town and the talent was great. CHS went to the playoffs but lost at home to Franklin during a rainy game where AJ stood out along with the rest of the offensive line who did great but the skills players were unable to make timely catches and hold on to the football efficiently enough to win. AJ then went

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