Law of Contract

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Recommended: Offer contract law case study

In order for Barry to bring a successful legal action against Sarah he would have to prove the following main points of law. 1, There was a valid and current offer 2, Acceptance of a valid offer was received by Sarah. 3, The first two points occurred in the correct manner, and the offer was accepted resulting in a binding contract. The sequence of events and the resulting points of law were as follows On Monday Barry contacted Sarah, his sister to discuss IT needs as this is her area of expertise. Sarah confirms she has 3 different computers that she would expect to receive at least $1000 for each of them, and that she would be prepared to hold the laptop until Friday if Barry was interested. Barry confirmed his interest and requested to see photos of the laptop. On Wednesday, Sarah directs him to an advertisement online with pictures of the laptop. At this point Barry has enquired, no offer has been made and Sarah has shown an invitation to treat as per Partridge v Crittenden (1). We are not made aware of the contents of the online advertisement, nor are we privy to the asking price of the advertisement. Nor are we aware of the stated method of acceptance if any, this is important as per Adams v Lindsell (2) for when no means of acceptance is stipulated. This would mean that Sarah would only have to make Barry aware of her acceptance for it to be binding. Sarah directs Barry to a commercial advertisement for her business this makes it a professional dealing and not a family one as this is Sarah’s business and she has elected to deal in a business sense not a family sense therefore intention to be bound must meet a business requirement not a family one refer to case: Carill v Carbolic Smoke Ball Co (3). To clarify that this is no... ... middle of paper ... ...arah, this was not accepted and there can be no legally binding agreement between the two parties. In conclusion we confirm Barry made a legitimate offer for the laptop of $1000 and a 12 month warranty, this was communicated to Sarah who did not agree to it only showed consideration not acceptance, Barry then attempted to revoke the initial offer and propose a new contract arrangement. This new offer was never received by Sarah nor was the revocation of the first offer communicated in a satisfactory manner. This means as Sarah had no agreement with Barry she was free to sell the laptop to Aiden for the offered $1200. Therefore Barry would not be able to bring a legal action against Sarah for the sale of the laptop due to no valid contract for the sale of it between them. Works Cited Graw, Stephen, An Introduction to the Law of Contract (Lawbook, 7th ed, 2012)

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