Contract law Essay Example | Topics and Well Written Essays - 2000 words

Contract lawfulness - Essay ExampleLegal Status of the Advertisement The advertisement has been issued to public at large. Akono has given his telecommunicate address and teleph one and except(a) number in the advertisement for this purpose. Generally, advertisementsare invitations to make out. InPatridge v Crittenden 1968, Lord C. J. Parker said, when one is dealing with advertisements and circulars, unless they indeed come from manufacturers, there is business sense in their being construed as invitations to treat and not offers for sale. Also, consideration is an important constituent in a valid contract. The expression volition to pay ?100 or more in the advertisement shows that the consideration is undetermined. In Harveyand Anor vFaceyand Ors1893, it was held that the stainless statement of the lowest price at which the vendor would sell contains no implied contract to sell at that price to the persons making the inquiry. Similarly, in this case Akono is not bound to buy at any detail price. The advertisement is given with the intention to induce people to respond with their offers. Any response to the advertisement cannot be treated as an swallow upance, though it is stated as Please phone or email to accept in the advertisement. The advertisement is an invitation to offers in this case. ... In Hyde v Wrench (1840), it was held that the counteroffer rejected the offer previously made, and it was not competent afterwards to revive the original proposal. In this case, Akono states, If you want to sell it to me, I need to incur your response on paper by the morning of Friday 5 October, which is a counteroffer. This should be treated as rejection of the original offer. On Tuesday evening, Ju posts a earn to Akono, agreeing to take the ?100 for her Dumbledore costume. Her letter does not arrive until Saturday, 6 October. Akono did not receive any valid acceptance from Ju within the stipulated fourth dimension. In Carlill v Carbolic Smoke lubber Co 1893, L. J. Bowen said, where a person in an offer made by him to another person, expressly or impliedly intimates a particular mode of acceptance as sufficient to make the bargain binding, it is only incumbent for the other person to whom such offer is made to follow the indicated method of acceptance... If the statement Ill only pay ? 100 by Akono is treated as an offer, it is a conditional offer, the condition being pass of Jus acceptance on paper by the morning of Friday, 5 October. It was held in Holwell Securities v Hughes 1974 that the voice communication notice in writing mean notice received by the offeror. Since the conditionality with regard to acceptance on paper is not met by Ju, the acceptance is not valid. On Wednesday, 3 October, Akono posted a letter to Ju, stating that he no longer wanted her costume. The offeror can revoke his offer any time before its acceptance (Ramsgate Victoria Hotel Co v Montefiore 1866) and hence, this revocation is valid. Akono v wharf Ju gets her friend Bob to telephone on 4 October to ascertain the receipt of the letter posted by