What Does Apply the Law REALLY Mean?

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[@shiranibandaranayake8069]

An exceptionally argumentative video. Great stuff. Congratulations!

[@francorocket9908]

great to see you once again, thanks

[@anbathanga4660]

I think what Shaveen is trying to show us is that the candidate has to show the examiner that he or she has properly applied the law on the one hand, but also expressing his or her opinion rather than simply taking something straight from some textbook just to show the application of the law, on the other. A candidate could use certain linguistic structures, for example, “Arguably at this stage, however … “ I think this is a way of fine-tuning one’s articulation, & demonstrating his or her 'personality' in handling a legal problem. This is one of the qualities the examiner is looking for, right? A very enriching video! 💗

[@halion4487]

Sorry if I’m missing something, but doesn’t Berthas request for a 6 month guarantee make her response a counteroffer? As she is changing the terms of the original offer, and therefore terminating the original offer. As such there is nothing for Arnold to revoke, so the method of communication doesn’t matter? Or are we assuming the request for a guarantee is a request for more information, and is not clear enough to be an offer.

[@TheLawSimplified]

Hi Halion. That is one argument. However, a stronger position in this instance would be to notice that a counter offer must be a qualification of the existing terms of an offer. The request for the 6-month guarantee does not qualify the only two terms of the offer (subject matter and price).

[@halion4487]

@@TheLawSimplified right, thank you for the clarification.

[@joshkzion4597]

A counter offer changes the terms of the contract, as quite rightly pointed out. However, with the given extract, it is no assumption that Bertha's response is not a counter offer, rather, it is a mere enquiry. Acceptance must be an unconditional, unqualified and unquantified assent to the terms of a contract. That's why he argues to say, at this stage, Bertha has not accepted. A counter offer means expressly changing the terms. Stating that you cannot accept the offered terms, rather you wish to impose your own. This is to be differentiated from a mere enquiry, were a party only seeks to know more about the offer and it's terms(if they are capable of being changed). A mere enquiry is done before acceptance but it does not imply denial of the contract as it is. Please kindly read the case of Hyde v Wrench as it is a clear example of a counter offer. I hope you find this response helpful.