In creating an effective contract, the rule is that acceptance must be communicated. As a show of good faith, Chilly Food would like to maintain their agreement with Jeff for 10 fridge freezers a week, but would like to reduce the price slightly. for students : all the ingredients of a good essay, Home » Law essays » Offer, acceptance and consideration – problem question. If not, how could this be resolved? The original email sent to Robert states ‘offer to remain open until Friday 6th February.’ It is not important, an offeror who ‘promises to keep an offer open for a specified period may still revoke that offer at any time before it is accepted’ . Was there valid consideration for this contract? The next relevant communication is on the Tuesday when Barry was offered ? You can view our terms of use here. Guidance on writing answers to problem questions in contract law. It seems reasonable for Robert to assume that the answer message would be read shortly after opening the doctor’s surgery at 9am and to expect Barry to check whether any reply had been received. ‘In order to complete a binding agreement the offeree must normally comply with the prescribed method of acceptance, and states that only the stipulated form will suffice, the offeree must comply with the offerors requirements in order for there to be an effective acceptance.’ In the current case it was not stipulated that the acceptance must be comply with a particular way. Problem Question Help Guide Answering a Problem Question. ANALYSIS OF EXISTING AND PROPOSED INTERNET / ELECTRONIC VOTING SYSTEM, Degradation of “The Sportsman’s Paradise”, Henrik Ibsen’s A Doll’s House and Rabindranath Tagore’s The Home and The World. So for example if a message of acceptance was left at 7pm on a Saturday the acceptance would be valid when the office opens for business at 9am on the Monday. How has social media impacted the fashion industry? He or She may require it to be sent to in certain, or particular form, such as by letter or fax. Broadly, a contract is a legally enforceable agreement giving rise to obligations for the parties to it. The website is funded by adverts which cover the cost of our hosting and domain renewal. I – Issues R – Relevant law A – Application C – Conclusion. ©2020 Essay Sauce / Terms of use / Content policy / Privacy policy. This differs from an invitation to treat as an ‘an invitation to treat means an invitation to make an offer…where goods are displayed in a shop window or on shelves in a self-service store, the display is construed as an invitation to treat, not an offer to sell” the terms of acceptance differs between them both. The brightest students know that the best way to learn is by example! Both parties clearly have an existing legal relationship, and have relied upon the cost reduction (paying less, and using the saved costs elsewhere). This issue pertains to whether the performance of an existing duty owed to the same party can constitute valid consideration. To resolve. Therefore, Jeff will be able to enforce the £5,000 payment on the grounds of the ‘practical benefit’ principle from Williams v Roffey. Jeff’s main customer, Chilly Food, are aware of a brand new fridge freezer supplier who offer goods for a lower price. Their mother agreed and transferred the land to Mary. Jeff’s supplier of refrigerator parts, Freeze4lyfe, are in some financial difficulties. *You can also browse our support articles here >. One exception which may apply is suggesting that Jeff has to go above and beyond his contractual obligations, as was the case in Hartley v Ponsonby. However, it would be difficult to argue that Jeff would have to go above and beyond his obligations by delivering the fridge freezer by a certain date. Problem questions which involve consideration and promissory estoppel will usually be limited only to those principles, however, be aware that sometimes these will be paired with issues of offer, acceptance and … promise to perform under a contract with another party can constitute. The ‘general rule for acceptance by post is that they take effect when they are posted, rather than when they are communicated’ ; consequently Roberts letter of acceptance is valid. One important point at the start - do not treat a problem question as an invitation to write an abstract essay about the legal issues involved in the problem. The law is not concerned with what is in the minds of the parties, but with what it can be inferred from what was said and done’. ...(download the rest of the essay above). This could be in the form of allowing Robert to claim the difference between the original champagne bottle and one of its sort. The current affairs will be divulged in particular areas of the law to see where and whom Barry has a legally binding contract with. Houses4u have some viewings in one week, however, Jeff has let them know they might not be ready by then. ?75000 for the bottle of champagne off Cyril. He has made various different contracts the past week with no issues, but is concerned about the validity of some of them. this issue, candidates needed to consider the circumstances in which the. With this approach, you should be able to identify the general issues you should be focusing on. The fact of the matter is, the withdrawal of an offer can take place at any time up until it is accepted, this was established in the case of Payne v Cave (1789) .The offeror must however notify the offeree that it is being revoked. Each of the questions will have a specific legal issue it focuses on. The word ‘agreement’ is central to a contract. Yes! The receipt of a contractual notice should be deemed to occur at the start of the next working day if it is received and stored outside normal hours, the authority for this was Tenax Steamship Co v Owners of the Motor Vessel Brimnes (1974) ; the judgement of Megaw LJ said at 966H-967A stated: ‘If a notice arrives at the address of a person to be notified, at such a time and by such a means of communication that it would in the normal course of business come to the attention of that person on its arrival, that person cannot rely on some failure of himself or his servants to act in a normal businesslike manner in respect of taking cognisance of the communication so as to postpone the effective time of the notice until some later time when it in fact came to his attention’ There is support for this view in the judgement of Lord Fraser in Brinkibon ltd v Stahag Stahl GmbH(1983). He is aware that Freeze4lyfe may be willing to accept a lesser amount now in order to get out of their difficulties. Finally, is there any element of promissory estoppel? Download the full version above. Students can use our free essays as examples to write their own. This essay was submitted to us by a student in order to help you with your studies. Each of the questions will have a specific legal issue it focuses on. It basically states that both parties must agree with the same state of affair otherwise an agreement is not binding. In Pinnel’s case, if the part-payment is accompanied by or replaced with something other than money, this can be valid consideration. I've been trying to solve this problem question, but haven't really had any luck. This is a viable option for both parties, as although there is no strict consideration for the promise, the equitable doctrine of promissory estoppel would apply to the agreement. These should be stated briefly in one sentence. A contract may be defined as an agreement between two or more parties that is binding in law. As stated in the case of Byrne & Co v Leon Van Tienhoven (1880) it was held that ‘there was a binding contract because revocation could only take effect on communication, but the acceptance by telegram took effect as soon as it was sent’ . It is therefore indefinite that Robert received the email with the offer to purchase the champagne. EssaySauce.com has thousands of great essay examples for students to use as inspiration when writing their own essays. The rental agreement is to run for 3 years starting The scenario clearly fits Glidewell LJ’s criteria – there is a contract for the supply of goods, before the contract is complete, Houses4u fear the contract may not be completed in time, and therefore offer some extra payment, this promise to complete the contract in time produces a practical benefit for Houses4u, as they have the fridge freezers in time for their house viewings, which may result in sales.
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