2 pages/≈550 words
Business & Marketing
Montgomery vs. English (Essay Sample)
Brief this two cases. The textbook links are http://www.coursesmart.com/SR/3315538/9780136085621/175 http://www.coursesmart.com/SR/3315538/9780136085621/176 http://www.coursesmart.com/SR/3315538/9780136085621/182 http://www.coursesmart.com/SR/3315538/9780136085621/183 Montgomery v. English (p. 175) In the Matter of Wirth (p. 182) Keep in mind, the book gives you condensed forms of the cases so some material is left out. I expect you to follow the FIRAC formula as you did for week one. I do not expect (nor want) you to copy what is already given to you in the book. I want the facts, issues, rule of law, analysis, conclusion in YOUR words. source..
(November 25, 2011)
Montgomery vs. English
The unequivocal acceptance remains an enforceable law in business especially when the offeree willingly accepts the terms of the offer. The court is justified to apply the unequivocal acceptance also known as the mirror image rule if one party tries to back out of the deal. In the case of Montgomery vs. English the judge enforced the mirror image rule since there was evidence of acceptance of the contract which was absolutely unconditional. For Norma English to accept the offer to purchase the Michael and Lourie Montgomery’s house for the amount specified acted as a commitment and an enforceable contract (Cheeseman, 2007). However, the changes made after the offer was made complicated the issue since the initial offer had changed and English did not accent to it and hence Montgomery had justification to sell it to another buyer.
In this the court did not deliver justice in ordering for specific performance in favor of English. In my view there was no enforceable contract made between English and Montgomery; given that English did not accept the later changes made by Montgomery. This would cause inconveniences to him and hence he had the right to sell his property to the highest bidder unless English accented and agreed to the changes and costs of the house. The decision of the court of appeal was right and justified in that the conditions and terms of the mirror image rule or unequivocal acceptance had not been f...
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