Bernard V. Alan Case Study

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Introduction: The case of Bernard, Charleen & Damien v. Alan depicts the obligations of an offeror and offeree, if the contract is permitted and if the sale of goods were delivered as per the terms stated in the initial offer or contract. There were no intention to create legal relations as this case was held between the context of social and domestic agreements amongst friends and family. Bernard v. Alan Issue: Bernard had intended to buy the materials at a lower cost by presenting a counter offer of $150.00 which voids the initial offer Alan made. Even after Alan reverted on Bernard’s reply by rejecting the counter offer, he mailed out $200.00 cash to Alan which was received on November 5, 2015. Alan then provided the textbook on November …show more content…

However, the fact that acceptance to an offer has to be unqualified, unconditional and a rejected counter offer does not qualify to allow the reiterate the initial offer, shows that no legal obligations or contract was formed. Application: Bernard was rejected by Alan as a potential contracting party when the counter offer was presented. Thus, no contract obligations were imposed due to counter offer in place and Bernard’s intentions of initiating the original offer were not clearly stated as consideration of the offer, to create a contract, cannot be in the past. Although goods were received and payment made, no binding contract was imposed as Bernard received the items as per the promise, which was delivered under Undue Influence when he enforced payment onto Alan through mail. Further elaboration on undue influence showcases that by enforcing one’s power over another to obtain a benefit with exertion of improper pressure, vitiates the factor of moulding a

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