On 10 th October 2007, David went into a jewelry shop. He would like to purchase a unique gold watch. After some negotiation, the jewelry shop orally agreed to sell the gold watch for the sum of HK$300,000 under the foloowing conditions (a) 10% deposit (HK$30,000) as down payment and non-refundable and (b) HK$270,000 to be paid by 5.00 pm on 25th October 2007. David paid the 10% deposit and left. On11th October 2007, he rang up the jewelry shop. He said he did not like the watch anymore and asked for a refund of the 10% deposit. The jewelry shop said the deposit couuld not be refunded but promised a discounted of HK$30,000. The discount was accepted by David, On 20th October 2007, David told the jewelry shop that he was unable to pay by the deadline by 30th October 2007. This was agreed by the jeweley shop. On 26th October 2007 3.00 pm, David arrived at the jewelry shop to pay the balance. The jewelry shop refused to sell the gold watch to David.
i. Was there an agreement between David and the jewelry shop on 10th October 2007?
ii Was the discount of HK$30,000 promised by the jewelry shop on 11th October 2007 constituted an agreement?
iii Does the offer made by David on 20th October 2007 constitute an agreement?
iv Was David in breach of the agreement made on 10th October 2007 in that he did not pai the balance by 5.00 pm on 25th October 2007?
v Could the jewelry shop to sell the gold watch to David on 26th October 2007?
Contract Law Case
2008-10-30 4:08 am
回答 (2)
2008-11-08 8:16 am
✔ 最佳答案
i. There plainly is a contract formed on 10 Oct. The jewel shop made an offer to sell to David by setting out the conditions and David accepted the offer by conduct i.e. paying the deposit.ii According to Foakes v Beer, a promise to accept less money for a certain sum of money owed is not supported by good consideration. The court ruled that even though one may get practical benefits by accepting a smaller sum, such benefits are not recognized by law.
Therefore, the discount is not supported by consideration and does not constitute an agreement.
iii If David pays up late, usually the jewelry shop can charge interest on the payment overdue. Therefore, the offer made by David is equivalent to asking the shop to accept a smaller sum to settle the transaction. According to Foakes v Beer as stated above, such an agreement is not supported by consideration and is invalid. Furthermore, there is a famous maxim "Time is of the essence". Therefore, it is unlikely that the court will treat the agreement as valid.
iv It depends on Q.iii. If the subsequent agreement isvalid, there is no breach. If the subsequent agreement is invalid, hehas breached the contract.
v The watch belongs to the jewelry shop, so they can sell it in any way they want.
2008-10-30 4:15 am
In 1894, Dubai invited the sport association of every countries to join in the international sport conference hosted by Paris.
In 1894, the twelve countries' representative hosted a conference in Paris to resume the Olympic Games.
On 23rd June, the international Olympic committee was established, Greece had became the first president and designed the symbols for Olympics, committee's flag and Olympics symbols.
in 1896, the first modern Olympics Games was hosted in Athen,Greece. This game was hosted every four years and the game lasted no longer than 16 days.
In 1900, it was the first time to have women participating in the Olympics Games. The international committee fully supported the women to be participated in the Olympics Games.
In 1908, St,Pauls Church hosted the memorial ceremony for the Olympic Game. The Americans said "Olympics Game was more important about participation instead of winning the events"
In 1913,the slogan was established as "faster,higher and stronger" for the quotation of Olympics in order to advertise the spirit of Olympics and encourage more players to particpate in the game.
參考資料
Longman Translation Dictionary 2007-05-31 16:30:31 補充
The Greek had became the first president and designed the symbols for Olympics,
002
回答者： yan941119 ( 小學級 5 級 )
回答時間： 2007-05-31 17:12:51
[ 檢舉 ] In 1894, Gu Pai invited the various countries' sports organization to attend the international sports congress which Paris held. In 1894 held 12 countries' the representative held in Paris restored the Olympics movement congress. On June 23, the International Olympic Committee had been established, the Greek takes the post of president, has designed Olympic Games&#
me
In 1894, the twelve countries' representative hosted a conference in Paris to resume the Olympic Games.
On 23rd June, the international Olympic committee was established, Greece had became the first president and designed the symbols for Olympics, committee's flag and Olympics symbols.
in 1896, the first modern Olympics Games was hosted in Athen,Greece. This game was hosted every four years and the game lasted no longer than 16 days.
In 1900, it was the first time to have women participating in the Olympics Games. The international committee fully supported the women to be participated in the Olympics Games.
In 1908, St,Pauls Church hosted the memorial ceremony for the Olympic Game. The Americans said "Olympics Game was more important about participation instead of winning the events"
In 1913,the slogan was established as "faster,higher and stronger" for the quotation of Olympics in order to advertise the spirit of Olympics and encourage more players to particpate in the game.
參考資料
Longman Translation Dictionary 2007-05-31 16:30:31 補充
The Greek had became the first president and designed the symbols for Olympics,
002
回答者： yan941119 ( 小學級 5 級 )
回答時間： 2007-05-31 17:12:51
[ 檢舉 ] In 1894, Gu Pai invited the various countries' sports organization to attend the international sports congress which Paris held. In 1894 held 12 countries' the representative held in Paris restored the Olympics movement congress. On June 23, the International Olympic Committee had been established, the Greek takes the post of president, has designed Olympic Games&#
me
參考: .........
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