J&P International Enterprise, Inc. V Cancer Treatment Services International

1527 words - 7 pages

Business Law 280
J&P International Enterprise, Inc. v Cancer Treatment Services International

Ithe case of J&P International Enterprise, Inc. v Cancer Treatment Services International (CTSI) there are a number of issues that need to be addressed. First of all, there is the issue of whether an offer was made on October, 25, 2007 by J&P to CTSI or is it merely a pre-negociation. After that has been establised as either an offer or a negociation, it is important to analyze the next step of this case, which is entirely composed of Nicholas' response. The issues needed to be addressed in Nicholas' response are core to this case. The first thing needed to be done is draw a clear line ...view middle of the document...

First of all assuming the previous statement to be correct, we can easily assume that Nicholas' is indeed a counteroffer. A counter offer can have roughly three outcomes. By definition, a counteroffer is a counterproposal of the orriginal offer from the offeree that terminates the previous offer, and acts as a new offer, thus switching the offeree with the offeror; so, the moment the counteroffer is received and accepted a new contract is born. A counteroffer does not always imply the termination of the first offer if the offeree does not show sufficient unwillingness to reject the original offer. The last form of a counteroffer is called conditional acceptance. This is very similar to a normal counteroffer, the only difference being that it doesn't necessarely change the terms of the contract. This type of counteroffer, as the name suggests, merely imposes conditions that the offeree feels necessary.
For the third step we need to determine the type of contract that it is formed between the two parties following the counteroffer and the detriments or benefits that they incur, if any. A legal detriment implies an act or forbearence on the part of the offeree, that before the formation of the contract was not his legal obligation. The offeror, or promisor, on the other hand will generally receive a legal benefit, which was not his legal right. A unilateral contract is briefly defined as a promise in exchange for an act where the offeror receives a legal benefit and the offeror incurs a legal detriment. A bilateral contract is defined as an exchange of promises between the two parties where they both incur a legal detriment and benefit resulting from the mutuality of obligation of both parties. Finally, we have to determine the legality of the modifications of the assumed contract, if any. Under Common Law, a preexisting contract to be modified, both parties must show mutual consideration if they want the contract to be enforceable.
By sending the proposal entitled "Agreement of Consultant Services between Cancer Treatment Services International and J&P International Enterprise, Inc." , that included signature lines, it is safe to assume that J&P thought it over and the subject matter of the proposal was clearly defined. The fact that CTSI took it seriously and proceeded to respond to it we can safely assume even further that the content of the proposal was legitimate. This action also shows clear intent on the part of J&P to get into a binding contract with CTSI. Lastly, it was communicated in a proper manner and the offeree clearly received the message and considered it. Given all these facts, it is safe to assume that the act of sending the written proposal to CTSI was indeed an offer made by J&P.
Nicholas' response to the letter is, by all means, a counteroffer. This particular counteroffer can safely be regarded as a entirely new offer since Nicholas' clearly shows unwilingness to accept the original offer. This is not a matter of...

Other Papers Like J&P International Enterprise, Inc. V Cancer Treatment Services International

Diversification and Performance Essay

4053 words - 17 pages factor that improves the performance of international companies. Lu, J.W., Beamish, P.W. (2004) International diversification and firm performance: The Scurve hypothesis. Academy of Management Journal, 47(4), 598-609. Rugman, A.M. (1979) International Diversification and the Multinational Enterprise. Heath, Lexington, MA. Eichholtz, P. M. A., Koedijk, K., & Schweitzer, M. (2001). Global Property Investment and the Costs of International

Business Portfolio Paper

2522 words - 11 pages of the corporation. References Forst, L., & Orris, P. (2002). Ethics in the workplace. Philadelphia: Hanley & Belfus, Inc. Grudem, W. A. (2003). Business for the Glory of God: The Bible's teaching on the moral goodness of business. Wheaton, Ill: Crossway Books. Hilgert, R. L., Truesdell, J. L., & Lochhaas, P. H. (2001). Christian ethics in the workplace. St. Louis, MO: Concordia. Hirsch, A., Garland, D., & Wakefield, A. (2004

Social Enterprise Theory: a Literature Review

3800 words - 16 pages communities and local authorities to deliver socially inclusive welfare services. Bibliography Aiken, M. (2006) Towards market or state? Tensions and opportunities in the evolutionary path of three UK social enterprises. In Nyssens, M (ed) Social Enterprise: At the crossroads of market, public policies and civil society Routledge: London, pp.259-271. Beall, J. (1997) Social Capital in Waste: A Solid Investment? Journal of International

Erp : a Boon or Bane

4655 words - 19 pages Software as a service References[edit] Jump up ^ http://searchsap.techtarget.com/definition/ERP Jump up ^ Bidgoli, Hossein, (2004). The Internet Encyclopedia, Volume 1, John Wiley & Sons, Inc. p. 707. Jump up ^ Rubina Adam, Paula Kotze, Alta van der Merwe. 2011. Acceptance of enterprise resource planning systems by small manufacturing Enterprises. In: In: Proceedings of the 1tth International Conference on Enterprise Information Systems

Understanding Nursing

2657 words - 11 pages . (2004) The Nurse’s Role in Pain Management, State of California Department of Consumer Affairs, Board of Registered Nursing. [Online] http://www.rn.ca.gov/practice/pdf/npr_i_32.pdf (Accessed 13/3/12) Tollison, C D, Satterthwaite, J R & Tollison, J W (2002) Practical Pain Management, 3rd. ed. Lippincott Williams & Wilkins, Philadelphia Watt-Watson, J H & Donovan, M I (1992) Pain Management: Nursing Perspective, Mosby, Missouri World Health Organization (2002). Guidelines: Cancer Pain Relief, 3rd ed. Geneva. WHO Zerwekh, J V (2006). Nursing Care at the End of Life. Philadelphia: Davis

Liposarcoma Treatment Market : Global Industry Analysis and Forecast 2016 - 2022

982 words - 4 pages the disease. For more info: http://www.persistencemarketresearch.com/contact-us.asp Some of the key players in global liposarcoma treatment market include Eli Lilly and Company, Baxter International, Bristol Laboratories Ltd., Pfizer Inc., Teva Pharmaceutical Industries Ltd., Mylan N.V., Actavis plc.,Fresenius Kabi Ltd., Accord Healthcare Inc., Taro Pharmaceuticals Inc., Sandoz, Bedford Laboratories and others. Recently FDA approved the new

Brown V.the Board of Education

2408 words - 10 pages read an audit report in full, including footnotes, in order to have an accurate picture of the audited company’s financial condition. An auditor who fulfills that duty, or fails but manages not to mislead the intended readers of the audit report, has no tort liability. L.,Rev. (2003).   References Arens, Alvin, Randal J Elder, Mark S. Beasley. Auditing and Assurances Services, 13th Edition. Pearson Learning Solutions. p. 48

Alcohol Addiction - Historical Perspective

4917 words - 20 pages , C. M. (1969). The alcoholic game. Quarterly journal of studies of alcohol, 30, 920-938. Steinglass, P. (1999). Family therapy: Alcohol. In Galanter, M.& H. D. Kleber (Eds.), Textbook of substance abuse treatment (2nd ed.) (PP. 379-387). Washington, DC: American Psychiatric Press, Inc. Steinglass, P., Bennett L. A., Wolin, S. J., & Reiss, D. (1987). The alcoholic family. New York, NY: Basic Books. Steinglass, P., Weiner, S., &amp


1104 words - 5 pages Management, 5th ed. Continuum London: York Publishers * Dedrick, J., Gurbaxani, V., Kraemer, K. (2003). “IT and Economics Performance: A Critical Review of Empirical Evidence”, ACM Computing Services, March. * Dess GG & Robinson RB Jr. (1984). Measuring Organizational Performance in the Absence of Objective Measures: The Case of the Privately-held Firm and Conglomerate Business Unit. Strategic Management Journal, 5, 265-273

Global Business Managment

5741 words - 23 pages and a strategic outsourcing relationship to evolve. REFERENCES Ball, Roger L. (February, 2005). “Strategic sourcing – A recipe for strategic excellence,” Government Procurement. Blij H. J. de and Muller P. (2002). Concepts and religion in geography. New York: Wiley. Booz Allen Hamilton and Weil Gotshal and Manges (2004), “Redefining the Corporate Governance Agenda: From Risk Management to Enterprise Resilience”, Strategy+Business

Java Programming Language Sl-275

6064 words - 25 pages examinations Java Programming Language Copyright 1999 Sun Microsystems, Inc. All Rights Reserved. Enterprise Services September 1999, Revision C.1 Preface, slide 2 of 17 Sun Educational Services Course Overview This course covers the following areas: • Syntax of the Java programming language • Object-oriented concepts as they apply to the Java programming language • Graphical user interface (GUI) programming • Applet creation

Related Essays

Marriot International Inc Essay

5605 words - 23 pages A Financial Ratio Quarterly Trend Analysis of Marriott International, Inc. Stock symbol: MAR Listed on the New York Stock Exchange By: 1.0 Introduction This report provides a financial quarterly trend analysis for Marriott International, Inc. The U.S.-based company has been in the lodging business since 1957 1 and currently operates in more than 70 countries worldwide 2, making it one of the oldest and largest hotel

The Analysis Of P&G International Marketing Strategy In Sweden

3173 words - 13 pages , Head & Shoulder, Hugo Boss, Olay, Old Spice, Oral B, Pantene Pro-V, Sebastian, Vicksburg, Wella, Max Factor, Shockwaves, Tampax | Household goods | Ariel, Braun, Duracell, Pampers, Swiffer, Yes, Vicks, Nioxin, Sassoon Professional, Professional Sebastian, SP, Wella Professional | From the list of the brand which can be found in Sweden, Head & Shoulder, Joy, Ariel, Pantene, Pampers and Olay is regards as some of the P&G’s high

Toys R Us Case Study

3094 words - 13 pages cancer journey. Oncology Nurses Connect, 72(3), 8-11. Retrieved from www.ebscohost.com Jean-Pierre, P., Winters, P., Clark, J., Warren-Mears, V., Wells, K., Post, D., & LaVerda, N (2013). Do better-rated navigators improve patient satisfaction with cancer-related care? Journal of Cancer Education, 28, 111-120. doi: 10.1007/s13187-013-0498-5 Kober, S., Padula, C., Gray, J., & Powell, M. (2011). A breast navigator program: Barriers

Psychological Trauma Of Cancer Essay

1537 words - 7 pages , 1993) References Delbanco, T. (1992). Enriching the doctor-patient relationship by inviting the patient's perspective. Annals of Internal Medicine, 116(1), 414-418. Hagger, M. S., & Orbell, S. (2006, April). Men and women coping with emotional issues. Psychology and Health, 21(2), 183-209. Hampton, M. R. (2000 Jan/Feb). Women's experience of traumatic stress in cancer treatment. Health Care for Women International, 21(1), 67-76