Legal Law Case Study

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Jenny
For there to be an enforceable contract there must be an offer which is accepted by both parties. In determining whether this has occurred between Adrian and Jenny prior to Jenny’s withdrawal the rules that govern offer and acceptance must be analysed.
An offer is an expression of willingness and intention to be bound by the outlined terms on the acceptance of that offer as outlined by G.H Trietel (Laws, 2015). A persons intention to be bound is interpreted objectively, with the viewpoint of the ‘reasonable person’ applied to determine those intentions (Smith v. Hughes (1871) LR 6QB 597). Alternatively, an invitation to treat is the invitation to receive an offer which the parties are free to either accept or reject, and provides no definitive terms or intention to create a legal relationship as established in Harvey v. Facey [1893] AC 552. The first communication between Adrian and Jenny regarding the boat took place on the 16th of September. Adrian informed Jenny that …show more content…

In order to ascertain whether she could legally do so it must be established whether a contract had already been established. It is very difficult to distinguish a genuine offer from an invitation to treat as it will depend on the intention of those involved. If her proposal of £1800 is interpreted as a counter offer to Adrian’s £2000 then Adrian has accepted it and a contract has been formed. Jenny would be bound to this and must purchase the boat at the agreed price of £1800. If however, it is interpreted that she was merely enquiring on a suitable price then no agreement would have taken place and she is free to withdraw her offer (Routledge v. Grant (1828) 4 Bing 653), providing that she communicates this to Adrian in an acceptable manner (Entorres Ltd v Miles Far East Corporation [1955] 2 QB 327). It is likely that a text message, as another form of instantaneous communication, would be deemed

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