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#1

binding contract that requir

in General Chat Sun Sep 29, 2019 10:38 pm
by yyys123 | 1.470 Posts

In a shocking upset that stunned the planet and parts of the galaxy, Mercer beat Duke 78-71. After the loss, White refused to make good on the bet, instead offering Hoyt tickets to a Bears game. Cue the social backlash. So heres the question: did White and Hoyt have a binding contract that requires White to pay up? In order to have a binding contract, you need to have a three things: an offer, an acceptance and something called consideration. Its not crazy to say that the first 2 elements are met here. White made an offer, and Hoyt accepted the offer when he can excitedly tweeted "Ill take that offer!". So far so good for Hoyt. On to the third element of consideration. Consideration is an essential element for the formation of a contract. In order to have it, each side has to promise or provide something of value to the other. You give me something and I give you something. Without this exchange, there is no contract. For example, if you express an interest in my banjo and I agree to sell it to you for $50,000, we have the consideration we need to say we have a contract. Im getting $50K and youre getting an awesome instrument that brings people together. This is where things fall apart for Hoyt. This deal didnt have the requisite consideration. The value only flowed in one direction – to Hoyt. There was no value going the other way to White. The deal was one-sided. That means we dont have a binding contract. You might be able to argue consideration if White had tweeted out that if you follow him and Duke loses, he will give away season tickets. In this case, it could be said that White is getting value because when people follow him, his brand becomes more valuable which in turn can translate into sponsor dollars and marketing opportunities. Theres also another problem for Hoyt. Before you can say there is a legally binding contract, you have to show that both sides intended on entering into the contract in the first place. That would be tough to show here. Ultimately, White would say he was just joking. He doesnt know Hoyt and the tickets he offered arent even available. This all went down in the informal environment that is Twitter. A contract was never contemplated. So all this means that there is no binding contract between White and Hoyt, and as a result, Hoyt cant force White to cough up the season tickets. That being said, the next question to answer is whether White should provide Hoyt with season tickets. And thats something I suspect everyone has an opinion on including my banjo teacher. Wholesale Paul George Shoes .C. -- With a chance to start over and maybe drive in any series he wanted, Juan Pablo Montoya thought long and hard about what mattered most at this stage of his career. Paul George Shoes From China . 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Paul George Shoes Deals . -- Phil Hughes ended a personal losing streak that dated to last July, pitching into the seventh inning Sunday and helping the Twins top the Kansas City Royals 8-3 to avoid a three-game sweep.Saracens director of rugby Mark McCall insists they will not attempt to head-hunt Dan Carter in Saturdays European Champions Cup final. New Zealand World Cup-winner Carter has driven Racing 92 to their first European final as the linchpin of the Parisian side.The 34-year-old will aim to dictate proceedings in Lyon on Saturday, but McCall promised his side will not waste energy chasing an elusive target in a game you can watch live on Sky Sports 2. Its a big, big, big mistake to think youre going to go and get Dan Carter, McCall said.Dan has been doing this for a very long time. So weve got to make sure that his influence in the game isnt huge, isnt unbelievably significant.If we can do that, it means our pack have got on top in the scrum, in the lineout. It means well have put a little bit more pressure on him than hes experienced before. Will Greenwood previews the Champions Cup final between Saracens and Racing 92.dddddddddddd But if you run down his channel and think youre going to shake him up, youre not going to.Maxime Machenauds roaming threat from scrum-half has allowed Carter to span the full width of Racings inside back cordon, leaving the All Black great always at arms length from opposing forwards. Maxime Machenaud (C) often makes extra space for Carter to work in Leicester were unable to put in any meaningful hits on the playmaker in Racings 19-16 semi-final victory in Nottingham, a situation Saracens have since noted well.Machenauds unbelievably competitive, he gets his attack going, added McCall. He brings their big men into the game and someone were going to have to watch like a hawk.He and Carter work very well together, and Dan Carters an expert at picking his moment at when to involve himself, and usually its a pretty good involvement.Weve just got to make sure were really alive to every time that hes going to get the ball, kick and try to put us under some pressure. Also See: Eddie Jones on SSNHQ Barnes talking points Will Greenwoods preview Farrell okay for final ' ' '

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