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

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 between the offeror and the offeree based on the outcome of the first issue and other contractual rules. Again, based on the outcome of the first issue we can also establish whether Nicholas' response is either an offer, counter offer or conditional acceptance, or merely another step in a preliminary negociation stage. Another critical issue that needs attention is to determine the final contract that J&P and CTSI are bound to, if any, and to establish clearly the legal detriments and benefits both parties have to incur.

On the first issue, the question asked is whether the proposal was an offer or not. We must remember that the law is objective, and any subjective reasoning of either parties involved is irrelevant. Next we have to take into account the elements that make an offer valid. The offeror must make his offer known to the offeree, by clearly communicating it, he must show clear intent, and last, but not least, it must be sufficiently defined so that in the case of a lawsuit there is a foundation on which the courts can establish a legal remedy.

The second issue, which deals with the role of the parties involved can depend on the outcome of the first issue. Assuming J&P's first action is indeed an offer, there are a few things that need to be established in order to...