Business Law

Name

Affiliation

Section A

Question 1a

Opening in Statement: A contest for the imagination of the jury. Get into their world. The opening in statement is the single best engine for telling the jurors what your case is about. The goal as a lawyer – to find the story and tell the story. Don’t let yours be the “greatest story never told!” Begin with the end in mind. The best way to test your theory of the case is to prepare an opening statement.

Example of opening in Statement is “Your Honor, I’m only stating what I expect the evidence to prove.”

Question 1b

Exemption to the rule “clearly stated Terms”

When the offer as expired in time

When the offer has been Revoked

When the value of the contract is longer than the time of the offer

Section B

Question 2

Alternate Dispute Resolution Methods

Arbitration:

Arbitration, a widely used form of ADR, is a kind of dispute resolution method that the disputes arising between the parties are resolved by the arbitrators appointed by them instead of state’s legal bodies.

Mediation:

Mediation, a wide applicable form of ADR, is a method in which the mediator provides better communication between the parties of the dispute. The mediator does not guide or direct the parties, or gives an advice or gives a binding decision like an arbitrator or a judge.

Conciliation:

Conciliation is a form of ADR in which an objective third party provides different solution offers which will take form according to the circumstances of the dispute and aims to provide the parties to reach an agreement as per one of these offers after negotiations and deliberations (Schaffer, Agusti & Dhooge, 2014).

Negotiation:

Negotiation is a type of ADR which is generally referred to initially in case of a dispute and it covers all methods of ADR. This type of ADR aims for the parties to settle the dispute between the same by negotiating and deliberating with each other with the attendance of their attorneys if needed, without intervention of any third party.

Early Neutral Evaluation (ENE):

Early Neutral Evaluation is a method which is mostly used in the beginning of the dispute. In ENE, to enable the concerned parties to render a decision regarding the procedure necessary for resolution of the dispute via providing information by an experienced and objective third party to the parties of the dispute.

Fact-Finding Method:

Fact-finding is a research method that aims to determine and clarify the dispute. Even if the dispute cannot be resolved with this method, it has its own complementary role for the other alternative dispute resolution methods such as arbitration, mediation etc.

MED-ARB:

Med-Arb method is a combination of mediation and arbitration that aims to resolve the dispute via arbitration when the dispute between the parties cannot be resolved via mediation. This method is applied to when the rapid resolution of the dispute is sought.

Question 3

The offer was not effective because of two issues:

The time for the acceptance after the revocation has expired

The offer was withdrawn before it was accepted.

Question 4

How does an offer come to an end

1. By communication of notice of revocation:

An offer may come to an end by communication of notice of revocation by the offeror. It may be noted that an offer can be revoked only before its acceptance is complete for the offeror.

2. By lapse of time:

Sometimes, the time is fixed for the acceptance of the offer, and it is not accepted within the fixed time. In such cases, the offer comes to an end automatically on the expiry of fixed time.

3. By failure to accept condition precedent:

Sometimes, the offer requires that some condition must be fulfilled before the acceptance of the offer. In such cases, the offer lapses, if it is accepted without fulfilling the condition.

4. By the death or insanity of the offeror

Sometimes, the offeror dies or becomes insane. In such cases, the offer comes to an end if the fact of his death or insanity comes to the knowledge of the acceptor before he makes his acceptance.

5. By counter-offer by the offeree

Sometimes, a counter-offer is made by the offeree. In such cases, the original offer automatically comes to an end, as the counter-offer amounts to rejections of the original offer.

6. By not accepting the offer, according to the prescribed or usual mode:

Sometimes, some manner of acceptance is prescribed in the offer. In such cases, the offeror can revoke the offer if it is not accepted according to the prescribed manner. It may be noted that within a reasonable time offeror should give notice to the offeree that the offer should be accepted in the prescribed manner, and not otherwise.

7. By rejection of offer by the offeree:

Sometimes, the offeree rejects the offer. In such cases, the offer comes to an end. Once the offeree rejects the offer, he cannot revive the offer by subsequently attempting to accept it. For example, where the offeree makes a counter-offer, or where he gives conditional acceptance.

8. By change in law:

Sometimes, there is a change in law which makes the offer illegal or incapable of performance. In such cases also, the offer comes to an end.

References

Schaffer, R., Agusti, F., & Dhooge, L. (2014). International business law and its environment. Cengage Learning.

Pierce, R. J. (2010). Administrative law treatise (Vol. 3). Wolters Kluwer Law & Business.