Homework : Contract ,Offer and Acceptance
On Tuesday, Danny placed an advertisement in the local newspaper to sell his motorbike for £1,500, cheque accepted, telephone number 524318. Paula, who was looking for a new motorbike, saw the advertisement on Wednesday and immediately telephoned Danny. She left a message, saying that she was willing to pay £1,300 for the motorbike. She left her telephone number and e-mail address, and said that if she had not heard anything about it by Friday she would assume the motorbike was hers.
Meanwhile, John saw Danny's advert on Wednesday and immediately posted a letter to Danny, saying that he would be willing to pay £1,000 for the motorbike, and providing his office e-mail address. Danny received John's letter on Friday. He immediately replied by e-mail, 'cheque preferred for advertised amount of £1,500. It's yours for that unless I hear from you to the contrary. John read the e-mail, and posted a letter to Danny on Saturday morning, agreeing to pay £1,500 for the motorbike.
On that Saturday evening, Danny met his friend Ian, and agreed to sell him the motorbike for £1,500. He sent an e-mail to John later that evening to tell him he had sold the motorbike, but John did not read the e-mail until the following Monday afternoon.
Danny did not receive John's letter until the following Monday morning.
Both John and Paula are furious.
What is the advice you can give to all the parties as to their legal rights
• What's the law relating to offer and acceptance?
• What is the effect of these rules on each of the parties involved in the scenario?
• What can you recommend for reforming the law
Focus your response to the scenario.
The law relating to offer is that it is an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is sent. An acceptance is a promise or act on the part of an offer indicating a willingness to be bound by the terms and conditions contained in an offer. In the scenario the advertisement was an offer. Paula made a counter offer when she left a message. Paula's email was a counter offer because she asked for a different price of 1,300 pounds. Similarly, John also made a counter offer. John's posting of ...
This solution explains the law of offer and acceptance. The sources used are also included in the solution.
Contract Law: Offer, Acceptance, and Revocation
Joan is a realtor living and working in California. Bob knows Joan casually through mutual acquaintances. At 9:00 a.m. on Monday, June 30, Joan faxed Bob a letter stating that she had 100 acres of undeveloped land, at the intersection of First and Main, which she would sell him for $1,000 per acre. Joan's letter also stated: "Unless I receive your written acceptance by 5:00 p.m. on Thursday, July 3, my offer will expire. I will not offer this same acreage to any other prospective buyer until 5:00 p.m. on Thursday, July 3, 2003, or until you reject this offer, whichever occurs first." Across the bottom of Joan's letter was printed:
3700 South Susan Street, Santa Ana, CA 92704
Tel: (562) 555-5555
Fax: (562) 555-5556
At 1:00 p.m. on July 3, just before he rushed out of the house to catch a flight, Bob sent an e-mail to "email@example.com" stating: "I agree to buy your 100 acres for $1,000 per acre. Have a great Fourth of July!" Bob's e-mail reached Joan's e-mailbox less than a minute later, but she did not check her e-mail until after 5:00 p.m. on July 3.
Begin your answers with a Yes or No, then provide support. It is encouraged that you incorporate the essay exam writing style (define, analyze, conclude) method for your support.
Was Joan's fax an offer to sell Bob 100 acres of undeveloped land for $1,000 per acre?
Regardless of your answer to Question 1, if Joan offered to sell Bob 100 acres of undeveloped land for $1,000 per acre, was she obligated to offer the land exclusively to Bob until 5:00 p.m. on Thursday, July 3, or until he rejected the offer, whichever happened first?
Returning to the facts, assuming Joan offered to sell Bob 100 acres of undeveloped land for $1,000 per acre, did Bob accept her offer by the terms of his July 3 e-mail?
Assuming Joan offered to sell Bob 100 acres of undeveloped land for $1,000 per acre, if Bob died before 5:00 p.m. on July 3d, and before responding to Joan's offer, could his son, Rochester, have accepted Joan's offer, provided he did so according to its terms?
Suppose, Joan started working the phones, anxious to sell the property before she left town for the July 4th holiday weekend. Before noon, she exchanged faxes with Sam, who agreed to purchase the land for $1,050 per acre. At 12:00 p.m., by which time Bob had already left the office and his staff had gone home early for the holiday weekend, Joan sent a fax to Bob's office revoking her offer. No one returned to Bob's office (and, therefore, no one saw the fax) until 8 a.m. on Monday, July 7th.
Was Joan's revocation effective?View Full Posting Details