报价和邀请之间的区别

加拿大Assignment代写范文:“报价和邀请之间的区别”，这篇论文主要描述的是邀请的主要意思是以邀请的方式来表露有交易或商业合作的意愿，它这是一种意愿的形式，并没有实际的行为，因此不能够把邀请的行为认为是已经答应商业合作的依据，只是卖家与买家之间谈判协商的邀请，如果有一方并没有实际的兴趣，只有通过合同的方式才能够起到约束的作用。

Part A

Q1. With reference to this case below, examine the concept of invitation to treat and how it differs from an offer and advice on the possibility of success for plaintiff.

Before the defending the legal rights of the plaintiff, it will firstly explain the meaning of an offer and an invitation of treat as well difference between them. Only if the clear understanding related to these two trading terms can be possessed which ensure to support justice to let real crimes be punished.

Invitation to treat refers to a kind of invitation to show a trading attitude or willing between business partners for the purpose of conducting the real offering activities. It just can be considered as a kind of expression which will not contain any kind of practical conduct in practice. The invitation will not show one of the trading partners has promised to accept the agreement. It will be an inkling to put forward an invitation of negotiation for the purpose of seeking the following engagement between both sellers and buyers. In practice, if offeree does not have interest or the continuous cooperation will have fewer possibilities to earn profits, offeree can refuse to the invitation to stop the possibility for the establishment of business relation at once.

The definition of an offer can be regarded as that it has skipped the stage of invitation to treat which will be regulated by relevant contract laws for sellers and buyers to understand their legal roles on the basis of clauses within the agreement. If the offeree will accept the offer which means an agreement or a contract can be drafted to conduct trading transactions.

Main differences between an offer and an invitation to treat will be that: 1) offer has the legal effect and it will not be available to invitation to treat; 2) the purpose of an offer is to sign the agreement and to set up the business relation while the acceptance of an invitation to treat will just move to the negotiation stage for both sellers and buyers discuss more about issues related to the business contract; 3) the action to acceptance of an offer cannot be withdrawn while the acceptance of an invitation to treat can be canceled.

In this case, the advertisement launched by the defendant was an invitation to treat to show the selling willingness and hope to find a competitive buyer from the market. As stated within the advertising that the sale will be conducted in the form of auction and it has also contained the information in terms of the contract to imply that if someone will accept contents which have been illustrated within the advertisement and the legal effect of an offer will be activate. Although relevant documents displayed by the defendant hoped to show it was just an invitation to treat rather than an offer, it should have the awareness that the message has been launched in the market which needs to be regulated by the social mechanism. In order to keep the steady in the market to better regulate business behaviors of commercial businesses, the final judgment should be prone to the plaintiff to let the defendant should be more careful to clearly describe contents within the advertisement to prevent from such unhappy trading experience. In most cases, it can be regarded as an ignorance of the seller, but it should be responsible for making compensations to the plaintiff to ensure there still will have opportunities to deal business and maintain its good social reputation in the market.

Q2. Managing supply contracts in a globalised business context is one of the greatest challenges for modern global businesses. Discuss.

The question has post a scenario that international traders should pay attention to

managing supply contracts for the purpose of furthering the long-term business growth to make greater profits. In other words, if managing supply contracts issues cannot be addressed, advantages can be transferred to challenges maybe to be the greater ones to damage benefits of modern global companies. The statement will be persuasive since people are living in a more competitive world to be fulfilled with serious uncertainties. When signing a supply contract which means involved business partners have already found a contractual document to regulate business behaviors and for them to understand how to do will be capable of fully carrying out commitments respectively so as to realize the mutual benefits．The meaning of supply contracts will always play the legal role to supervise daily operations of vendors and customers so as to prevent involved partners from being done wrong things.

Due to that the globalised business environment will be more complex than people can imagine in most cases so that risks will be more serious when comparing with domestic markets. On one hand, a supply contract still will involve other potential business partners and companies should strive to try every possibilities and be stakeholder driven so as to satisfy different needs. For example, if the buyer hope to purchase a bulk of products from the seller through online payment channels, in this situation, the third party online payment dealer maybe a financial organization or a commercial bank which has been agreed by both partners or just has been confirmed by one side relied on the previous working relation. It can be regarded as the financial institution as one of stakeholders on the basis of the agreement of the supply contract. The buyer should pay online within the due time and correct amount to guarantee the rights of the seller; while the seller should deliver needed products to the buyer timely to meet expected outcome which has been drafted within the supply contract. But sometimes, the ideal result cannot be realized to benefit both of involved partners. If the buyer has not conducted the online payment behavior which will let the seller feel disappointed at that financial intermediary to damage its reputation in the market. On the other hand, international trading will be more risky if involved partners cannot be honest to engage in their roles fully. For instance, if both partners have permitted that they will be self-controlled to execute what have been allocated to them during everyday business transactions per requirements within the contract. They should always be ethical and moral no matter what kind of issues will be happened or how serious the situation will be encountered. But an serious concern will be that it cannot ensure all businesses will continuously do what they should do and they have been sincere-focused during the supply contract signing process. Therefore, in the global market, managing supply contracts will be more difficult that involved partners should emphasize on ethics and honesty for the purpose of furthering the long-term business relation.

Part B

Q1. With reference to the case below, examine the concept and role of the ‘postal rule’ in contract negotiation and advice if the defendants would be successful in their line of defence.

The definition of the ‘postal rule’ refers to determine the point of the legal effect between the offer and the offeree during international trading process through using posts to seek willingness for businesses. In other words, the role of ‘postal rule’ will help to identify when should both involved business partners be aware of that a binding contract has been established so that each side should ensure execute legal commitments to maintain and develop the long-term relationships. Mannerly speaking, the purpose of trading is to realize the profitable business objective through honest and legal behaviors carried out by involved partners. Especially during the early time that the Internet still has been an unknown, traders prefer to use a post to express the willing of the business cooperation.

In general, the offer writes in the post to let the offeree understand the business contents, and then the offeree should reply the offer to show the acceptance has been confirmed. But the key point is that when the offeree has post the letter into the mail box, that moment can be regarded as that the legal effect within the agreement has been effective to show both partners should be responsible for contractual duties and obligations.

As stated by defendants that “there could not be a binding contract “ and it has lacked of persuasion since the defendant actually did not be familiar with the meaning of ‘postal rule’. If people will understand ‘postal rule’, it can clearly recognize that in 5 September, the contract has been effective which has become a binding contract. Although at first, the letter has been delayed to send to plaintiffs, it should understand that the acceptance has been occurred in 5 September when the buyer has post the letter into the mail box. In other words, the contractual agreement has been established in 5 September. In such scenario, no matter any kind of reason, in the legal perspective, the behavior that “the sell has sold the wool to someone else” in 8 September was a breach of contract to damage benefits of plaintiffs. Therefore,  defendants should be punished to let them be responsible for making timely responses to plaintiffs and ensure the compensation will be able to delight plaintiffs. In addition, this case has not only reflected the illegal attitude of defendants, but it has also implied the insincere attitude of defendants in the position of sellers due to the mistake and the casual business conduct. In the perspective of plaintiffs, more supports need to be given to ensure the seller will be capable of learning from experience to prevent from being illegal in the future.

Q5. Examine the implication of an agent exceeding their warranty of authority

As an agent, it should understand clearly about content within the business contract for the purpose of ensuring behaviors will be legal to show they have covered all concerns and they will not do some which will exceed their authorities. Herein, it will discuss potential disadvantages if the warranty of authority has been exceeded in the role of an agent.

On one hand, it will do harm to itself to reflect its unprofessionals and to loss potential business opportunities during international trading engagements. It is essential for an agent to carry out its commitments for trustors to deal with relations with other business partners. The reason for a trustor to choose an agent should depend on its professionals, talents or the business ability. However, if the agent will exceed the warranty of authority, to some extent, it can be reflected the unprofessional and unserious attitude to engage in serious commercial trading issues. In such scenario, if decision makers of the agent cannot be capable of identifying the seriousness of the warranty of authority, it cannot ensure to move into a higher level and to realize greater returns. Therefore, the analysis has been considered in the viewpoint of the agent itself.

On the other hand, it will also involve the trustor if the trustor did not understand that the agent had not behaved ethical during trading practice process. Now that the trustor has selected the agent as the business partner which has ensured to empower authorities related to the business of the trustor. The agent should pay attention to engage in its role on the basis of requirements within the contract to let the trustor feel safe and to give more confidence to seek the long-term working relation with the trustor. But warranty of authority actually was a behavior to seriously damage benefits of the trustor even let the financial situation of the trustor be reduced. Moreover, in most cases, the trustor may not understand what have been done by the agent within a day so that if it will be the case of warranty of authority, and it will be a serious pity or it will hard to recover the previous positive image of the trustor in the trading market.

In order to control behaviors of the agent and reduce warranty of authority incidences, for the trustor, the focus should pay attention to the entire qualification of internal practitioners within the agent so as to decide whether the cooperation will be worthful or not. In other words, more engagements need to be conducted in terms of the data information and the credit evaluation for the purpose of fining those real and competitive agents to reach the profitable business objective. If so, it can prevent the agent from being exceeded warranty of authority and improve the ethical practice.

Q6. Clearly identify and discuss the division of duties and responsibility between the owner and charterer in charterparty contracts.

Within the charterparty contract, it is essential that both the owner and charters should be ethically and legally to deal with their roles to meet the industry standard and to ensure the smooth conduct of the international trading. In practice, different roles will have their own responsibilities to ensure the entire business network to be maintained well and further the trading performance.

The owner will refer to those who have possessed vessels and the rental business will help to make profits and to offer shipment tools to promote the trading productivity. Charterers will be that needed users to hope to possess the using rights of a vessel or more than two vessels within a fixed periods on the basis of the charterparty contract between the owners. Within this business relation, the owner will play a more important role since it has maintained the rights of possession of what have been rented to those needed charterers. Of course, it is important for the owner to guarantee all existing vessels will be safe for the purpose of engaging in trading transactions to let charterers can feel safe to use and help to earn greater profits. In most cases, the quality and the effectiveness of vessels will be the least requirements, and the owner should pay attention to the daily maintenance and updating to attract more charterers to develop its rental business. In the perspective of charterers, they can choose the ports of call after signed the charterparty contract to possess the vessel temporarily. During the using process, charterers should be responsible for maintain the performance of the vessel to return the vessel to the owner in good condition.

In order to prevent from being gotten into troubles, still both parties should pay attention to timely connections if necessary for the purpose of ensuring the most appropriate solution can be worked out to guarantee rights of each party. If it will engage in the shipping process, the captain should have the strong leadership to manage internal seamen for the purpose of ensuring the lease period that people at all levels within the vessel will behave correctly on behalf of benefits of the owner aside from the pursuit of profits. Moreover, the captain also should allocate relevant works in terms of the maintenance to ensure damages will not be generated during the lease period of time. It can believe that with the direction and the leadership of the captain, the chartered relation between the owner and the charterer can be developed well. If the long-term relation can be built which will help to realize the mutual benefits of involved parties to better complete the chartering market. With the assistance of the positive situation of the chartering market, sea carriage related business can be improved significantly to contribute to the international trading field.

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