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case study


 Question 1:

In the present case, it is identified that tenders for the supply of the green would be accepted by the University. The tender is expected to close on 1st June and the tenders are an invitation in which the party can create contract with anyone offering the best price. The tender advertisement is not an offer to the parties but an invitation. The parties interested in the contract have the opportunity of approaching the company by presenting relevant quotations. The present case scenario states that they had hand delivered the Green land tender through the tender box. The university received the tender letter on 17th May through Enviro though it had been posted on 15th May. On 30th Many, the Plan Forever tender was posted and the University received it on 2nd June. The tenders were then put into the tender box. These tender letters that the respective companies had provided was regarded as offers.

After the companies had made the offers, the University could accept them. The case states that tenders that Enviro offered was not present during the time of decision-making; hence, this absence of documents would hinder the acceptance of the tender. As the quality of the services and products mentioned in the tender, whom Greenland had provided, gave a reflection of a lack of certainty, the University did not accept the tender. This gave a picture about the tenders stating that those which the company had provided are offers and do not suggest their acceptance by the University. The offers are declared to be given as a presentation within the specified time of 1st June. However, it has been observed that the Plant Forever had made the offer after the deadline, hence, it cannot be used for invalidation of the invitation terms to offer. However, the University accepted the same due to best available alternative for them (Khoury and Yamouni, 2009).

One thing that must be considered here is that after the post makes an order, this order will remain valid only till it is delivered to the concerned party and not till the date of its posting. This consideration suggests the offer, which Plan Forver had made cannot be regarded as a valid offer. In case of acceptance of the offer by the University, it can be said the offer will not remain valid because lapse of time has expired the validity of the offer. It must also be noted that any kinds of contract is not created through the acceptance. This suggests that Plant Forever cannot be held responsible for making supplies to the University as per promised terms of the offer because no contract has been created. Hence, the University can say that it has not accepted any offer for creating contract. However, the University can make offers officially to any one of those three companies for the same reason for accepting it in order to establish an enforceability of the offer (Monahan and Carr-Gregg, 2007).

Question 2:

The case states that the shoe company, the Footloose Pty Ltd had published a notice declaring that the organisation will offer a percentage of discount on bulk order made in the purchase of latest Italian Shoes. The advertisement contained the contact number and other details of the Sale Manager and was published on 1st October. On 2nd October, the Famous Footwear had sent a fax to the shoe company sending them an order for buying 500 pairs of shoes for $2000 for a hundred pairs. It was mentioned by the company that they would later provide the details of delivery location. This suggests that the fax which the Famous Footwear had made would be regarded as the offer for purchasing the advertised shoes. The posted advertisement is regarded only as an invitation for the offer. In this context, Footloose Pty Ltd can only ask the interested buyer, here the Famous Footwear for making the suited offer in order to start the respective negotiations. Here, the statement giving notification of the possibility of creating contract with the best offeror is regarded as the advertisement.

A large variety of regional stores was included in the Jame’s Shoes. The store had sent a fax on 4th October, which states that they are looking to buy 2000 pairs of sandals bit the total billing cost must not exceed $30,000 dollars even after including the delivery charge and the GST. This fax of the Jame’s Shoes was regarded as an offer since it is a response to the invitation to offer. The offer contained the details in terms of number of sandals to me bought along with the price that was to be charged for the purchase. This offer also has the features of being regarded as primary offer allowing negotiations and counter offer because the phrase ‘please advise’ is present at the end of the offer (Paterson, 2011)

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