A Business Law Assignment, Danish Contracts Act
Main legal problem for Sugar: Formation of contracts, Delayed acceptance - A Business Law Assignment, Danish Contracts Act introduction. Source of law, Danish Contracts Act § 4, 2. Sugar sends out an acceptance on 6th June which is within the acceptance period. Due to a mistake from the post office, the acceptance does not arrive until 14th June. According to Danish Contracts Act §4,2, Mokka is bound by the offer, as Sugar is in good faith, thinking that the acceptance has arrived in time, and Mokka have not contacted Sugar. If Mokka wishes not to be bound by the offer, they must without undue delay notify the acceptor of the delay.
Main legal problem for Latte: Formation of contracts, unqualified acceptance. Danish Contract Act § 6, 1. Latte sends out an acceptance on 7th June, within the acceptance period. In the acceptance Latte states that they only wish to pay 30DKK. Pr. Kg, as to the 35DKK Pr. Kg Latte offers. The acceptance is therefore unqualified, and should be seen as a counter offer, making Latte the offeror. It is up to Mokka if they wish to reject, or accept the offer. If Mokka does not respond to the counter offer, the main rule would be that the counter offer is accepted.
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If they wish to accept the counter offer, the legal acceptance period could according to Danish Contracts Act § 3,1, be e. g. within two weeks, due to Latte not having a fixed acceptance period in their acceptance. If they wish to reject the counter offer, Mokka must send a rejection without undue delay, Danish Contracts Act § 5. Assignment 2 Main legal problem: Agency without special identification, revocation of the section-18-authority. Danish Contracts Act § 18.
The student and the boss enter an oral agreement for the student to buy a used surfboard for the maximum price of 3000DKK. The boss regrets the agreement, and tries to revoke it by calling and leaving the student a letter at his home address, the same day as the contract was agreed. According to Danish Contracts Act § 18, the principal is not bound to the contract, as the revocation arrived before the contract was entered into. The section-18-authority is revoked when the declaration stating that it is no longer valid, has been delivered to the agent.