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reliable paper writing on THE NATURE AND FORMATION OF A CONTRACT – Offer and acceptance law paper

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reliable paper writing on THE NATURE AND FORMATION OF A CONTRACT – Offer and acceptance law paper

Problem question

 

While visiting the Furniture Warehouse Amanda saw a poster advertising their sale which said: “Grand winter sale starts 1st January. Many bargains, including a three piece suite for sale at £20.” In order to be sure of buying the suite, Amanda queued all night and was the first customer in the shop. When she asked to purchase the suite for £20 she was told it had been withdrawn from the sale and was no longer available.

 

Darren saw a Furniture Warehouse advert. He phoned the shop and enquired about a table that was advertised. He phoned the shop. They said, “we have one oak table left for £50, would you like it?”. Darren said he would let them know. Later the same day he posted a letter in which he said: “Yes I would like to buy the oak table for £50”.  However after Darren had posted the letter he received a call from the shop to say that they had sold the table to another customer.

 

Amanda is now arguing that she has a contract with Furniture Warehouse to purchase a three piece suite for £20, and Darren is arguing that he has a contract with Furniture Warehouse to purchase an oak table for £50.

 

Advise Amanda and Darren

 

(May 2010 exam)

 

What is a contract?

 

1 What is a contract? In what format should it be created? Are all agreements contracts?

 

The offer

 

2 How is an offer defined? Who makes an offer and to whom do they make it? Refer to one case that illustrates an offer and explain the situation involved.

 

Invitation to treat

 

3 Explain how this is different from an offer.  Refer to one or two cases that illustrate this difference.

 

Request for information

 

4 Explain how this is different from an offer.  Refer to a case that illustrates this difference.

 

The acceptance

 

5 Explain what is required for a valid acceptance, and also what can make an attempt to accept invalid. Refer to some case examples that illustrate this.

 

Communication of acceptance

 

6 Explain what acceptance has to be communicated (by whom to whom?) and the significance (if any) of the method of communication. Are there any situations where acceptance does not have to be communicated? Refer to some case examples that illustrate this.

 

Termination of an offer

 

7 What are the valid methods of terminating an offer? Explain how they apply. Refer to some case examples that illustrate this.

 

Electronic communications

 

8 Are there any special rules that apply to offer and acceptance made by electronic methods (eg, over the internet or by email)?

 

For the above scenario:

 

1 Analyse each situation in the above scenario to decide if both Amanda and Darren have entered into a contract.

 

2 Apply the various aspects listed above to your analysis, including references to case law examples to back your argument for each relevant issue (Eg, the first issue might be, is the poster making an offer, or is it only an invitation to treat? Etc.)

 

3 Explain how the cases mentioned back your argument on each issue.

 

Seminar reading

1 Legal Aspects of Business custom book – chapter 5  (introduction to law of contract)  – see pages 105-109 only, and chapter  6 (offer and acceptance), pages 121-145., legal intention (pages 156-159).

 

2 Any additional reading items will be posted on Blackboard

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