01/11/2019

代写-奖赏的重要性

本文主要讲述的是奖赏的重要性,奖赏是要约人对发现某物或完成某一行为等的要约。在正常的合同情况下,报价必须是公开的,意向必须是公开的。要约必须以明确的方式宣布,以使要约传达给的人不会将要约误解为其他任何东西。要约的接受必须传达给要约人。然而,在奖励的情况下,有一个例外。之所以会出现这种特殊的情况,是因为对奖励的接受程度不能总是放在首位。有时,宣传奖励的行为可能在传达接受之前就已经完成了。即使不符合要约和承诺的标准,也必须以合同的形式给予奖励。本篇代写文章由英国论文人EducationRen教育网整理,供大家参考阅读。

A reward is an offer made by the offeror for finding something or for completing a said action etc. In normal contract circumstances, the offer must be made and intention must be announced to the people. The offer must be announced in a clear manner such that the person or persons to whom the offer is communicated cannot misunderstand it to be anything else. The acceptance of the offer must be communicated to the person who made the offer. However, in the case of a reward there is an exception. The exceptional situation is created because the acceptance of the offer made for the reward cannot always be stated in the forefront. Sometimes the action for which the reward is advertised might get completed first before the acceptance is communicated. The reward must still be given out as a contract even if it does not satisfy the offer and acceptance criteria.
The acceptance must be communicated to the offeree and the terms of the acceptance must exactly match the terms of the offer. The agreement must be certain and the acceptance must be indicated clearly, as in the case of the postal rule application in Adams v Lindsell (1818) 106 ER 250. Only under these terms will a contract be concluded as certain. In addition, there should be consideration. Consideration is the promise of something of value in return for something else. This consideration exists automatically in the rewards system, as the reward is indeed something of value. In the advertisement for reward, the consideration need not be great but it must be sufficient enough. Courts normally do not check the adequacy of value in the context of a consideration.
Another significant point to be noted here is that consideration must be executed in the present sense and not the past. A past consideration is something where the promisor made a promise in the past, the promise would be to reward something but in the past situation. For instance, consider the situation of a drowning man. The drowning man cries out for help. Another person jumps in to rescue the drowning man and the drowning man after being rescued promises a reward to the person who rescued him in gratitude for having rescued him. Here the reward being made is past consideration as the rescue act happened first and the promise of a reward on the rescue act happens next, “The concept of past consideration is easy to understand if one bears in mind the requirement that consideration must be the “price” of the other party’s promise: the act of rescue may well be a detriment to the rescuer but it cannot be the price of the rescued person’s promise since that promise has not yet been made”. A past consideration might not be recognized as a consideration at all. Given the nature of these forms of past consideration and present, the UK law leans towards accepting the reward as a form of offer rather than as an invitation to treat. The legal obligation is more strongly established through the reward as offer form. The Chinese perspective however believes in analyzing the intent based on context at all times.

英国论文人EducationRen教育网深得广大客户的支持和厚爱。我们的服务目标:缔造精品,善待一生!我们的服务宗旨:诚信至上,服务至上,客户至上!我们的服务理念:专业专注,优质服务!如果需要英国论文代写,就点击上方栏目列表,各种代写服务等着你,客服24小时在线,欢迎咨询!

代写论文对Dissertation注意事项的介绍

英国代写参考文献的正确引用方法

找英国论文代写需要注意什么

英国代写论文对essay写作的四大误区介绍