contract(continued)

contract(continued)内容摘要：

ng to a strike of the postal service in A’s country the letter, which shows the date of its mailing on the envelope, only arrives on 3 April. Is B’s acceptance effective? What if A objects without undue delay? Late Acceptance  (1) A late acceptance is nevertheless effective as an acceptance if without undue delay the offeror so informs the offeree or gives notice to that effect.  (2) If a munication containing a late acceptance shows that it has been sent in such circumstances that if its transmission had been normal it would have reached the offeror in due time, the late acceptance is effective as an acceptance unless, without undue delay, the offeror informs the offeree that it considers the offer as having lapsed. Consideration and cause – something in value 1. Consideration must be given for pursuing the enforceability of a promise 2. Consideration must be referable to the promise 3. Consideration must be sufficient, but need not be adequate 4. Consideration could be a promise or an activity.  William E. Story and his nephew, William E. Story II, agreed that the uncle would pay his nephew $5000 if the nephew would refrain from drinking, using tobacco, swearing, and playing cards and billiards for money until he turned 21. The nephew accepted it and did so until his 21 years old. When the nephew turned 21, his uncle sent him a letter indicated that the nephew had earned the $5000. The uncle died later without having transferred the funds to his nephew. The nephew brought suit against the executor of the uncle’s estate, Franklin Sidway.  Question: Is there a sufficient consideration to create a valid and enforceable contract in this case? Nature of consideration  Does something (an act) or promise to do something he or she is not legally bound to do.  Refrains (from an act) or promises to refrain from doing something she or he has a legal right to do. Requirements of consideration 1. Consideration must be present or future and cannot be past 2. Performance of an existing contractual duty to the promisor is not consideration 3. Performance of a public law duty is not good consideration Exception to Consideration Promissory estoppel:  Central London Property Trust Ltd v High Trees House Ltd[1947]KB130.  原告于 1937年将伦敦的一套公寓楼出租给被告租期为 99年从1937年 9月起算租金为每年 2500镑。 由于第一次世界大战爆发很多人离开伦敦因此租住公寓的人很少被告无力支付房租所以双方于 1940年 11月协商同意将租金减半征收但当时没有说明期限。 到 1945战争结束时公寓又重新客满于是原告写信给被告要求被告支付全额租金。 被告主张 1940年的协议应该持续到整个租赁协议期满。 换句话说由于原告没有在 1945年 9月前要求支付超出的1250镑这就表明他放弃了要求支付超出金额的权利。  【 判词 】 原告胜诉但在答应减租的那段期间这一协议是由约束力的尽管它没有对价的支持。 Ｌｏｒｄ ｄｅｎｎｉｎｇ－ 债权人曾表示接受部分债务的履行以清偿全部债务，债务人已如约履行， 在这种情况下， 应禁止债权人违反其诺言。 Promissory Estoppel requires: 1. a promise or a representation as to future conduct which is intended to affect the legal relations between the parties and which indicates that the promisor will not insist on his strict legal rights against the promisee. 2. A clear and unequivocal promise by words or conduct. 3. Evidence that there is a change in position of the promise as a result of the promise (reliance but not necessarily to their detriment) 4. Inequity if the promisor were to go back。