5 Business Projects Term Paper Example | Topics and Well Written Essays - 2000 words

5 Business Projects - Term Paper Example The plaintiff upon receiving the note from the defendant did not send back any response but commenced work the next day by buying lumber necessary for completion of the defendants work. A second note was sent by the defendants countermanding the first note but was not forwarded before the plaintiff started work. The lower court decided that it was the plaintiff’s duty to go down to the defendants premises and commence work as a sign of acceptance and that the plaintiff was not obliged to expressly accept the offer by making either a written or verbal communication to the defendant and that his action to buy lumber for the work would suffice as an acceptance. The defendants were seeking an appeal on this ruling arguing that the plaintiff was obliged to communicate his acceptance before commencing work. They also argued that the note instructing the plaintiff to start work was a proposition rather than an agreement and that it should have been accepted by the plaintiff before either party could be bound by a contract. The appellate court ruled in favour of the defendant on the basis that any offer has to be accepted by an appropriate act. The plaintiff had to communicate to the defendant in a reasonable manner. According to the court, a mental determination which has not been spoken or an outright act to the other party should not be taken as acceptance binding the parties to a contract. Purchasing lumber was a normal routine by the plaintiff and did not communicate to the defendant of his acceptance thus such an act should not by itself be taken as an indication of acceptance. Plaintiff Parker, also well known as Shirley MacLaine Parker, contracted with the defendant, Twentieth Century Fox, to play the female lead in Fox’s planned musical motion picture â€Å"Bloomer Girl.† which would have fetched the plaintiff a total of $750,000. The defendant repudiated the contract before the commencement of the filming and decided not to go on with the filming