Commercial Law: Case Briefing

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Recommended: Consideration as it plays a multifunctional role in a contract

Question 1 An offer is when a party, also known as the offeror express willingness to contract on certain terms, with the intention that it will become binding as soon as it is accepted by another party, known as the offeree. According to D's description in his advertisement, he is putting up his car for sales at $40,000. It can be considered as an offer because D have expressed that he is willing to sell his car with the intention that it will become binding and therefore the terms are clear that the car will be sold at a fixed price. Besides being an offer, it can also be an invitation to treat (ITT). An invitation to treat is different from an offer because in ITT, one party will invite the other to make the offer. Therefore in this case when D was advertising for his car, besides the price, there were no other details such as the name and address of D, model and colour of the car and it's vehicle identification number (VIN). It merely just an advertisement where D was inviting people to take the initiative to call D to enquire about the car and make an offer which means D's intention was negotiation between him and the other party. After reading the advertisement, E came forward to D with a cheque of $40,000 as stated on the advertisement. However, D rejected E's offer and in return E is suing him for breaching the contract. But according the previous analysis mentioned, the advertisement is an ITT instead of an offer, which means that the was no contract involved as D only stated a car, in general, without specifying which car was for sale. Therefore it shows if D does not accept the offer by E, there will be no contract. This concludes that there was no breach of contract as the offer was made but D rejecting it, thus m... ... middle of paper ... ...ferences Casebrief.me. 2014. Felthouse v Bindley | Case Brief Summary. [online] Available at: http://casebrief.me/casebriefs/felthouse-v-bindley/ [Accessed: 31 Mar 2014]. Lamance, K. 2014. Contract Consideration | LegalMatch Law Library. [online] Available at: http://www.legalmatch.com/law-library/article/contract-consideration.html [Accessed: 31 Mar 2014]. Lawnix.com. 2014. Stilk v. Myrick – Case Brief. [online] Available at: http://www.lawnix.com/cases/stilk-myrick.html [Accessed: 31 Mar 2014]. Legalmax.info. 2014. Offer or invitation to treat. [online] Available at: http://www.legalmax.info/members2/conbook/offer_or.htm [Accessed: 31 Mar 2014]. The Blawg of Ryan K. Hew, Attorney At Law. 2012. Draw the Law: What is an Offer?. [online] Available at: http://hawaiiesquire.wordpress.com/2012/02/14/draw-the-law-what-is-an-offer/ [Accessed: 31 Mar 2014].

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