Overview of the Introduction to English Land Law - Interest in Land
Interest in land is considered as the other type of proprietary right.
Interest gives the holder such rights to use and enjoy the land physically possessed by another.
Estate is part of the proprietary right that exist.
Estate gives the holders a slice of time during which they are entitled to enjoy and use the land physically they posses. It gives the holders the right to enjoy, possess and use the land beyond the physical surface area of that land.
In the case of freehold estate, the holders able to enjoy and possess as well as use the land forever. It is tantamount to actual ownership.
Overview of the introduction to English Land law - What is Proprietary Rights ?
Proprietary rights govern the ability of the land owners to use and enjoy the land they physically possess and also land physically possessed by others.
Proprietary rights are rights that exist in the land which make them capable of enduring the changes of ownership to the land.
There are two types of proprietary rights. These are holding an estate in land and interest in land.
Offer is definite promise that need to be bound. when the offeree agrees to the term.
Invitation to treat
Invitation to treat is an invitation to make offer as part of the negotiating procees
Offer vs Invitation to treat
Invitation to treat if it is not possible to respond to the communication by sayisng yes which would conclude the agreement.
The language used is also lack in terms of firmness such as in the case of Gibson V Manchester City Council. In this case the Council had replied that"it may be prepared to sell". This means that the Council is invited the plaintiff to complete the application form.
Examples of Invitation to treat
Brochures, Advertisements and Circulars ( unilateral in nature)
In Partridge v Crittenden, it is justified that the advertisements are considered as an invitation to treat. This is based on the Lord Herscell in Grainger & Son v Gough where if a brochure consists of an offer. and the acceptance is the customer's order. The supplier would be bound to supply when the stocks were limited. ( limited stock arguments).
Retailer website. Based on Regulation 12 of the E - Commerce ( EC Directive) Regulations 2002 it stated that website would be an invitation to treat while customer's order may be the offer.
Display of goods in shop window such as in the case of Fisher v Bell or Pharmaceutical Society of great Britain v Boots Cash Chemist ( supermarket shelves). In these cases the offer is made by the customer on presenting the goods to purchase to the cashier / communicating the offer to buy. The shop accept it by moving the goods over the barcode reader.
Request for bids or tenders. This is considered as an invitation to treat as in the case of Spencer v Harding. It enables the requestor to control the formation of the bilateral contract to buy, sell or perform the service.The bidder who will be awarded the contract will be chosen by the requestor. There is no liability in failure to award the bilateral contract to the lowest or highest bidder.
In the case of Harris v Nickerson, it is still considered as an invitation to treat as the auctioneer or advertiser can control the agreement by determining the acceptance. This is common in request for a bid at an auction or an advertisement that an auction is to be held. The advertised auction can be cancelled and the goods can be removed from sale at a general auction.
In general there are two forms of agreements:
The most common one.
A promise in exchange for a promise.
Both parties are bound on the exchange of the promise.
e.g sales of goods agreement.
A promise in exchange for an act.
Only one party bound at the outset of the promise.
The acceptance is the performance of the act.
e.g offer for a reward such as promise to give a sum of money to anyone who fins the lost wallet
English Contract Law - What is a Contract?
1)In order to form a contract there must be an agreement. In order to determine whether there is an agreement or not, the court will consider the objective analysis test.
The objective analysis will focus on what the parties said and did to ensure whether there is an outward appearance of a contract as indicated in the case of Storer v Manchester City Council per Lord Denning MR.
The approach also involves what the reasonable man would consider the parties to have meant as in the case of Smith v Hughes.
2)Besides that, the agreement also need to be legally enforceable.
An agreement is an important ingredient of a contract.
An agreement consists of an offer and an acceptance
Creative right is protected if the there is work and must be original.
A work is considered as original if it has been originated from the author who exercised his skills, effort, labour and judgment which he has not copied from another work.
This is based on the definition from CJEU in the case of Infopaq International A/S v Danske Dagblades Forening ( the constitution of the author intellectual creation) or the case of Ladbroke or University London Press.
Based on Section 1 Copyright, Designs and Patents AcT 1988, copyright is considered as a property right which subsists in original literary, dramatic, musical and artistic works as well as sound recordings, films, broadcasts and typographical arrangements of published edition.
For copyrights, originality means it is originates from the intellectual creation of the creator or author which has not been copied from another work. It does not demand the innovation or novelty required.
Yes, revocation of an offer must be communicated to the offeree.
However, it need not be communicated by the offeror.
Communication with the same channel as the offer will suffice in the case where an offer is made to the whole world ( unilateral offer).
Offer can be revoked at any time before acceptance is made. In unilateral offer it means before the offeree has started to perform.
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