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civil law case
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| Words: 989 | Submitted: 28-Jan-2012
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Descriptioncivil law case from polish civil code
Civil Law Case Study
Case between Mr Bartek Kalisz from Hugo Grotius University in Warsaw and MR Marcel Nowak
In my work I will try to explain the case between Mr Bartek Kalisz , an administrative director of the law faculty at private Hugo Grotius University in Warsaw and Mr Marcel Nowak, an entrepreneur from ?ód?. I will Advise when the contract was concluded and who is wright.
First I will give brief explanation what case is about. On 2 on February Mr Bartek Kalisz called Mr Marcel Nowak and offer him buying of “10,000 rolls of white toilet paper. In response of that Mr Nowak give the current price of 75 groszy. On 3 of February Mr Kalisz send letter in which he made offer of 10,000 toilet pare in white color for price 65 groszy per roll. Adding that if the offer is accepted than MR Nowak iswelcomed to deliver product of offer “as soon as it possible”. The letter was delivered on 6 of February to Mr Nowak. However on 7 of February Mr Kalisz had revoked the offer from 3rd of February sending information about that by fax to Mr Kalisz. On 9th of February Mr Nowak had writes the letter with his astonishment about information from Mr Kalisz. Where he is assured that phone call on 2nd of February where already concluded as a contract. To be sure he had add confirmation letter and declares that the contend of contract was 10,000 rolls of blue toilet paper for 75 groszy. However Mr Kalisz is not able to read this letter and he had just put it to the drawer. On 15th of February track of toilet paper had been delivered to Hugo Grotius University. Driver had left invoice at the reception desk at the faculty.
Parts of that case had been traded with each other before, however through the last year there has been no trading between. It means that we cannot look at the case like at permanent bussines.
I am going to answer few question according to the case using Civil Code.
Phone call on 2nd of February was a time of negotiations, however according to article 66 § 1 Statement by the other side will conclude an agreement constitutes an offer if it determines the relevant provisions of that agreement. SO the phone call was an offer. Because it involved the most important parts of contract, what is price (75 groszy), element of the agreement (white toilet paper) and quantity (10,000 rolls) according to art. 72 § 1 If the parties to conduct negotiations for the conclusion of the designated contract, the contract ...
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