Counter Offer Case Study

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Recommended: Negotiation conflict cases

Counter offer is an offer made in response of a past offer by the other party during negotiation for a last contract. The offer can be terminate if the counter offer is made by changing the terms of the original offer. Making a counter offer consequently rejects the earlier offer, and requires an acceptance under the terms of the counter offer or there is no agreement. For an example of the case is Hyde V Wrench, the defendant offer to sell a farm to claimant for 1000 pound on 6 of June 1840. After that on 29 of June 1840, claimant reply to defendant to offer 950 pound which the defendant had rejected the counter-offer from claimant. Claimant brought an action for this specific performance. So in the end, there was no contract as this contract …show more content…

This offer is opened for a week only and it is closed after a week which is on 8 of January. But on January 2nd, Tina sent a letter saying that RM60, 000 is too much for her and she offer RM50, 000 to David. After Tine had made her consideration, she sent her second letter to David saying that RM60, 000 is reasonable and she accept the offer. In the same time, David had sold the car to 3rd party which is Ling Ling. If Tina no makes counter-offer to David, the acceptance is still valid. Therefore, Tina has failed to accept the offer in the first time and she made a counter-offer to David. When the time that Tina made the counter offer which means she had destroyed the original offer and the first offer is no longer to be accepted. Lastly, David has his own right to sell the car to other parties after Tina had made the counter-offer. So in this case, David is allowed for not sell the car to …show more content…

Along these lines, goods which have been displayed in a self-administration shop and shop window are not being offered for sale however are just being displayed for potential customer to pick them up and to make an offer. Henceforth, when the customer gets goods from self-serviced shops and markets, and conveys them to the cashier for installment, he is the one making an offer to the cashier and once the cashier acknowledges the cash, a contract of sale is closed. On the off chance that the cashier decays to offer the goods, the customer does not have a substantial reason for activity to sue the shop for break of contract as the contract had not been finish.
So for the case Fisher v Bell (1960), the defendant displaying a flick knife in his shop window with price tag on it. Under the Restriction of Offensive Weapons Act 1959, section 1(1), it is illegal to sell flick knife as it is a dangerous weapon, dependent had been caught and sent to the court. But at last, magistrate decided dependent was not guilty for offering offensive weapons for sale by having flick knives on display in his window. Displaying of the flick-knife was merely an invitation to treat and is not

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