Case Brief - McGurn v Bell Essay Example | Topics and Well Written Essays - 500 words

Case Brief - McGurn v campana - Essay Exampleons, McGurn said that a termination clause covering his initial 20 four months of service was considerable which he says Bell did not object to this. Bell extended another offer which McGurn rejected owing to its termination clause. Finally, Bell extended an offer to McGurn which said that following termination of his employment, he was to be given his basic salary over 6 months plus a clod sum amounting to forty thousand dollars or fifty percent of incentive p.a. further this cover was to last for the initial 12months of his service. McGurn signed as required but crossed out the word twelve and inserted eleven and didnt inform anyone at Bell of the alteration. Bells HRM department received and filed the letter though they denied having viewed it on return. After approximately 13 months, Mcgurns employment was terminated, he advised Bell officials that he believed that his contract had a 2year termination clause they too noted the alt eration in the offer letter but refused to pay hence McGurn sued for bleach of contract.An exception to the rule that offerees who accept an offerors movement with the knowledge of offerors expectation in return for his performance have impliedly accepted the offerors terms. This happens where the offeree receives the advantages of the service offered with a reasonable opportunity to decline them plus grounds to recognize that they were accepted with the anticipation of recompense (Mallor, Barnes, Bowers and Langvardt, 2004). The court borrowed the procedure from two case i.e. Gateway C. v. Charlotte Theatres, Inc. and Kiddlerv Greenman.The Bells quieten amounted to acceptance of McGurns counteroffer. The Bell microproducts, Inc. should to revisit the offer it wrote and signed earlier after it has been countersigned and returned by McGurn.For the first issue, the general rule of law holds that silence in reply to an offer aimed at forming a contract doesnt add up to an acceptance of