Contract law Essay Example | Topics and Well Written Essays - 2000 words

Contract law - Essay Example Legal Status of the Advertisement The advertisement has been issued to public at large. Akono has given his email address and telephone number in the advertisement for this purpose. Generally, advertisements  are invitations to treat. In  Patridge v Crittenden [1968], Lord C. J. Parker said, ‘when one is dealing with advertisements and circulars, unless they indeed come from manufacturers, there is business sense in their being construed as invitations to treat and not offers for sale’. Also, consideration is an important constituent in a valid contract. The expression ‘willing to pay ?100 or more’ in the advertisement shows that the consideration is undetermined. In Harvey  and Anor v  Facey  and Ors  [1893], it was held that the mere statement of the lowest price at which the vendor would sell contains no implied contract to sell at that price to the persons making the inquiry. Similarly, in this case Akono is not bound to buy at any particular price. The advertisement is given with the intention to induce people to respond with their offers. Any response to the advertisement cannot be treated as an acceptance, though it is stated as ‘Please phone or email to accept’ in the advertisement. The advertisement is an invitation to offers in this case. ... In Hyde v Wrench (1840), it was held that the counteroffer rejected the offer previously made, and it was not competent afterwards to revive the original proposal. In this case, Akono states, ‘If you want to sell it to me, I need to receive your response on paper by the morning of Friday 5 October’, which is a counteroffer. This should be treated as rejection of the original offer. On Tuesday evening, Ju posts a letter to Akono, agreeing to take the ?100 for her Dumbledore costume. Her letter does not arrive until Saturday, 6 October. Akono did not receive any valid acceptance from Ju within the stipulated time. In Carlill v Carbolic Smoke Ball Co [1893],   L. J. Bowen said, ‘where a person in an offer made by him to another person, expressly or impliedly intimates a particular mode of acceptance as sufficient to make the bargain binding, it is only necessary for the other person to whom such offer is made to follow the indicated method of acceptance...’ I f the statement ‘I’ll only pay ? 100’ by Akono is treated as an offer, it is a conditional offer, the condition being receipt of Ju’s acceptance on paper by the morning of Friday, 5 October. It was held in Holwell Securities v Hughes [1974] that the words ‘notice in writing’ mean notice received by the offeror. Since the conditionality with regard to ‘acceptance on paper’ is not met by Ju, the acceptance is not valid. On Wednesday, 3 October, Akono posted a letter to Ju, stating that he no longer wanted her costume. The offeror can revoke his offer any time before its acceptance (Ramsgate Victoria Hotel Co v Montefiore 1866) and hence, this revocation is valid. Akono v Bob Ju gets her friend Bob to telephone on 4 October to ascertain the receipt of the letter posted by

Radical feminism Essay Example | Topics and Well Written Essays - 3250 words

Radical feminism - Essay Example However, these views may be contestable in some situations since men are equally portrayed the same way just as women in pornography. Indeed, the term pornography is often complex to define as people tend to describe it the way they see as suitable to their liking. Various connotations will emerge from this attempt to infer different meanings to this complex term. The feminists on the other hand are primarily concerned with pursuing the equality agenda with reference to the male dominated patriarchal system. Wendy McElroy (2008) suggests that radical feminists decide to describe pornography as the "graphic description of the lowest whore." Radical feminists view sex itself as a social construct where men seek to satisfy their sexual feelings through the exploitation of women. They view pornography as a way of discrimination on the basis of sex where women are presented as sexual objects as well as commodities meant to benefit the men alone. The radical feminists tend to infer insubordination of women by men and they choose to ignore other possible definitions which seek to rationalise pornography. It is also imperative to fully explain radical feminism as a way of grasping the whole concept with regards to exploring the feminist views against pornography. Jone Lewis (2008) attempts to define radical feminism as; "a philosophy emphasising patriarchal roots of inequality between men and women or more specifically the dominance of women by men." Thus, according to Lewis, radical feminism uses a militant approach where it views patriarchy as dividing rights and power by gender as a result of oppressing women while at the same time giving privileges to men. It can be noted that radical feminists have this general view of opposing the existing political as well as social systems as they believe that they have their origins tied to patriarchy. They in fact support a culture which advocates a different approach to various political as well as social systems. The radical feminists are of the view that patriarchy is the root problem of inequality between men and women. Their approach is the attempt to get to the root cause of what they view as their problems. By any standard, this is a radical approach where the radicals seek to challenge the existing way of viewing things. According to Bronwyn Winter (1998), radicalism is influenced by the need to correct the imbalances of power between men and women that were created by patriarchy. There seems to be overemphasis on radicalism as different views brought out by feminists serve the purpose of exposing their views contrary to the actual situation obtaining on the ground. Radical feminists are particularly concerned with equality between men and women. When it comes to pornography, they argue that women are not fairly treated and they are depicted as sex objects. However, be it soft or hard core pornography, both men and women are depicted within the same parameters where it can be argued that the claims by the feminists are not wholly true to a certain extent. Even men take an