Case Study

Step 1
The area of law covered in the respective issue is the element of agreement required for the formation of a legally enforceable contract.

Step 2
Agreement is defined as meeting of minds within both parties of the contract, whereas both parties are fully aware of the terms and condition of the contract and having full understanding of the performances needed to be done by the respective parties. An agreement is consisted of two elements, which are offer and acceptance.
Offer is a statement made from a party to another that shows a willingness to enter a deal, and the maker of the statement is called “offeror” and the receiver is named “offeree”.
An offer is needed to be sufficiently complete, as the main aspects of the offer must be stated clearly and complete; and promissory, as the statement should be made in a pattern that the offeror is willing to carry the performances of the terms and condition if the offer is accepted ().
The case Harvey v Facey [1893] AC 552 stated a case where Harvey sent a telegram asked for prices of a product from Facey, whom replied it. Harvey, whom is happy with the price, tried to “accept” the purchases but turned down by Facey, hence, leads to the case to be brought on court. The issue of whether Facey’s reply being an offer has been decided that Facey is not bounded to sell the product as the telegram is merely a statement of information instead of an offer, as the statement shows no promissory.
Besides, an offer must not just be an expression of interest in doing business, such as advertisements. Such statements are just considered as “invitations to treat”, which is a statement made to invite others to make the offer. In case of Partridge v Crittenden [1968] 2 All ER 421, Partridge mad...

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...t the acceptance has to be done by post or any other form. Thus, the non-specified method of acceptance prohibited the exceptional postal acceptance rule to take place in this case.
Hence, as according to general rule, the acceptance is only effective when Mark received the letter on Tuesday.
Even if James is the receiver of the offer, is feeling happy with the terms of the offer, given the acceptance in identical with the offer, and communicated with the offeror, which seemly fulfilled most requirements of an acceptance, but the offer has been expired upon the acceptance takes place. Thus, it renders the acceptance to be ineffective.

Step 4
In conclusion, the elements of agreement failed fulfilled the requirements needed, thus proving that there is no formation of a legally binding contract between James and Mark. Hence, Mark is free to withdraw his offer at will.