Business Law for contract Between Bob and Mollie †Free Samples

Whether a contract was formed between Bob and Mollie A contract is defined as a statutory agreement between two or more persons that is enforceable in the court of law . The significance of contract lies in the fact that it prises exchange of promises, which have legal enforceability (McKendrick 2014). In order to render a contract as valid, a contract must include its essential elements. In contract law , an offer is said to e terminated in the following number of ways: An offer is said to be open, if the offer does not stipulate any particular time within which the offer should be accepted, the offer should lapse after a reasonable time ((Stone and Devenney 2017). The reasonable time depends on the subject of the potential contract and is often subjected to the discretion of the judge as was held in Carr v JA Berriman [1953] HCA 31 [1953] 89 CLR 327. However, as per a general rule of the contract, even if the offeror states that the offer shall remain open for a stipulated time, the law does not bar the offeror from revoking such offer prior to its acceptance. On the facts here, Bob accepted the offer that was advertised regarding purchase of Sony Bravia OLED Televisions and gave his card to the sales manager, Mollie, of the Toshiba showroom as an acceptance to the offer. However, Mollie did not accept the card stating they were sold out. Mollie offered Bob to purchase the demonstration model TV, which would cost $2000 instead of the real offer $3500. As was observed in Smith v Hughes case, an offer was made by Mollie to Bob regarding the purchase of the TV, which was the demonstration model for the price of $2000. This further signifies that the offer was made along with a consideration, which was to be made by Bob. However, in order to render a contract as a valid contract and to be enforceable, it is essential that an offer should be made followed by a valid acceptance of such offer as was held in Crown v Clarke case. In the given scenario, a valid offer was made by Mollie to Bob but Bob was confused and required time to think about the offer. Mollie promised that she would keep the offer open until Friday provided Bob is ready to make a payment of $10 as the booking money. However, Bob refused this arrangement and stated that he would inform within Friday afternoon, which was next day. Here, it can be stated that though Bob did not accept the offer made by Mollies immediately but Mollie stipulated in her offer an essential condition that she will only keep the offer open if Bob provides as booking money of $10, which would be adjusted while the original transaction is made. The offer also included the stipulated tome within which the acceptance must be municated to her. Nevertheless, Bob refused to fulfill the condition set out in the offer, which required him to pay a booking amount for the television. This amounts to a non-fulfillment of an essential condition of the offer made by Mollie. Further, Mollie sold the TV to Mark on Friday when he offered $2500 for the demonstration model TV at the store. Generally, the offeror may revoke the offer any time before its acceptance even if the offeror has promised to keep the offer open for any particular time. However, this does not amount to a breach of a contract on the following grounds. Firstly, Mollie offered $2000 to Bob for selling the demonstration TV model, which Bob did not accept. Secondly, Mollie stated that her offer to sell the TV at the offered price of $2000 shall remain open until next day (Friday) only provided Bob pays $10 as booking money immediately which shall be adjusted while he purchases the television on Friday. Now, as was held in Crown v Clarke, a valid acceptance must be made to a valid offer to form a contract. However, Bob did not make any acceptance while the offer of purchasing the demonstration TV for $2000 was made to him by Mollie.   Further, Bob also refused to fulfill the condition that Mollie mentioned in her offer regarding the payment of the booking amount. As a rule, an offer can be terminated on the ground of failure of condition of the offer (Stone and Devenney 2017). The condition of an offer is considered as essential provided breach of such condition shall necessarily result in termination of the contract as was held in Tramways Advertising v Luna Park case. In the given scenario, Bob did not pay the booking amount, which formed an essential condition as Mollie stated only if the booking amount is paid, she would hold the offer for till Friday. Therefore, the failure to satisfy the essential condition of the offer, which was so important that it would have determined the legal intention of both the parties to form the contract, resulted in termination of the offer that Mollie made to Bob. There was no valid contract formed between Mollie and Bob. Air Great Lakes Pty Ltd v KS Easter (Holdings) Pty Ltd [1989] 2 NSWLR 309. Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256; [1892] EWCA Civ 1. Carr v JA Berriman [1953] HCA 31 [1953] 89 CLR 327. Coulls v Bagots Executor & Trustee Co Ltd [1967] 119 CLR 460. McKendrick, E., 2014.  Contract law: text, cases, and materials. Oxford University Press (UK). Poole, J., 2016.  Textbook on contract law. Oxford University Press. Stone, R. and Devenney, J., 2017.  The modern law of contract. Routledge. Tramways Advertising Pty Ltd v Luna Park (NSW) Ltd [1938] 38SR NSW 632 at p.641-2.

How emotions impact consumer behaviour Dissertation

How emotions impact consumer behaviour - Dissertation Example Marketing strategies of HSBC is a clear demonstration of emotional influence on customers through cultural messages. It is also seen that McDonalds’ emotional campaigns has an edge over Burger Kings because of its ability to react to customers’ emotions rather than their minds. The data thus collected through secondary sources is summarised in the discussion to show how they cater to the research aims and objectives. Lastly suitable recommendations are provided with regards to the managerial implications of emotionally influential strategies over consumers’ behaviours. Table of Contents Abstract 2 Table of Contents 4 Chapter 1 Literature Review 8 Chapter 2 Methodology 13 Project plan and approach 13 Chapter 3 Critical evaluation and analysis of the data 15 Chapter 4 Conclusion 24 Recommendations 25 Reference 26 Bibliography 30 Research aims and objectives Since the 90s researchers have acknowledged the fact that the consumers are not always rational as the consum ers are mostly driven by their emotions. The impact of emotions on consumer behaviour is evident from different aspect of research. Some of the factors which are important in understanding the behaviour of the consumer are like recall, attention; decisions making etc. Consumers are often described as being rational in the decision and the ways they interact with different consumptions. The rational consumer behaviour theory assumes that emotions can be controlled. However many scientist believes that emotions do play a vital role in human and effects the behaviour of consumers. Therefore emotions are defined to be an intense affect, a feeling which comprises of behavioural, physiological and cognitive reactions (Boyd, 2009, p.70). Therefore this paper deals with the objective to... This research is being carried out to understand why the consumers purchase and what makes them to make the purchase. The motive to understand the consumer behaviour and the reason for its purchase caters around the concept of marketing the goods and services. Consumer behaviour portrays emotions as one of the causes of behaviour which can be manipulated for any managerial purposes. Emotions are related to contingencies of reward and punishment which influences the consumers in the market place. Therefore emotion is an appraisal of a change in feelings originated by the brain activities, it’s a phenomenon that is undetermined by a brain state because each different brain can generate an envelope of emotions, and it also depends from person to person. Emotions can be measured by way of facial expression. The best way to measure emotions is through heart rate of a consumer. This paragraph illustrates that there is no standard way to measure emotions and the impact of emotions on the consumers and in their thought process. Different studies towards consumers emotions have focused on emotional response to advertising, and on the role of emotions towards consumers satisfaction. Emotions have also contributed in the context of services such as complaints, service failure and product attitude. Holbrook & Batra developed their list in regards to emotion; they uncovered an arousal, pleasure and denomination dimension in their data, and showed that these emotions mediate consumer’s response to advertising.

Marketing Assignment Example | Topics and Well Written Essays - 3000 words

Marketing - Assignment Example A slight increase in price will result in driving its customers to competitors’ brands. Its niche market is getting saturated and should try and target newer market segments in emerging economies. The emerging markets are very sensitive to price and Apple Inc should try and reduce its direct and indirect costs to increase the profit margin. Since price is an important determinant of the product quality, thus reducing will also result in negative customer perception. It should try to achieve better economies of scale, strategic partnerships, vertical integration of business process, ancillary services etc (Rogers, 2001). Apple Inc should aim at increasing its economies of scale to enjoy better profit margin. This will allow it to enjoy higher profitability without adjusting the price of its products. It can enjoy better scale of operations by buying in bulk from its vendors. It imports value added component that is imported from countries across the world. It imports from countries like China, Taiwan, Singapore, France, Germany, Japan, etc. Economies of scale is achieved either through internal or external scale of operations. Apple can increase its orders to enjoy better rates from its suppliers. This will reduce its shipping costs as bulk transportation will allow it to receive discounts from its logistics partner. At the operational level this will lead to increased scale of operations which will reduce per unit cost of production resulting in an overall decrease in the total cost. For enjoying better economies Apple Inc should forecast the market demand of its products. There should be significa nt demand of its products that will incentivise it to order in bulk (Kotler, and Keller, 2012). Vendors and logistics partners of Apple Inc might offer trade discounts, long term supply contracts, etc. Its current list of vendors is provided in the table below: Better customer relationship