One Of The Three Fundamental Pillars Of A Contract Case Study

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In respect of each prospective buyer of the Fiat, the task is to determine whether a binding contract has been formed with Brenda. The key issue is whether there was valid offer and acceptance, one of the three fundamental pillars of a contract (the other two, intention and consideration, are obviously present in the scenario and outside this discussion). The following paragraphs will discuss this requirement in the context of Andrew, David and Claire.
Andrew
The initial offer of £50
The first stage of Andrew’s interaction with Brenda was to email an offer of £50 for the Fiat, after Brenda had mistakenly advertised it on her website at a fraction of the intended price. In certain circumstances, an advertisement to the world at large can …show more content…

There is no request for information – such as an enquiry as to the terms of delivery – operating to qualify the suggested arrangement. It is in fact a response in a form purporting to be acceptance, which in fact alters the original terms. In such circumstances, the counter-offer cannot constitute acceptance of the original offer and will result in agreement only if Andrew accepts the new terms. The further effect of the counter-offer is to function in the same way as a rejection, to destroy the original offer and so prevent the original offeree from changing her mind. This was demonstrated in Hyde v Wrench, in which an offeree who had rejected an initial offer to buy land from an offeror for £1,000, and had a subsequent offer of £950 rejected, was prevented from accepting the initial offer of …show more content…

Claire responded to the invitation to treat on Brenda’s website with a valid offer, which Brenda immediately accepted, the fact of which was communicated to Claire by email. The acceptance of the offer was unqualified, since there was no suggestion of new terms such as a different price or a proviso that, for example, delivery should be made in a certain way. This had the effect of rendering Brenda’s email as an acceptance, rather than as a counter-offer or a request for information. This coincidence of offer and acceptance means that a valid agreement was formed between the two parties, which in turn created a legally binding

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