Contract Law - Offer and Acceptance-

•

Invitation to treat? OR offer?

•

Probably an offer – since the terms of the statement are clear (i.e. offering her pet for sale at $5000) – Storer v MCC.

•

Actual communication is needed. Postal rule will not apply.
clue: “please write and let me know…” – Holwell Securities v Hughes

•

**remember: actual comm. Is needed

•

Acceptance? – probably not – clue: “let’s leave the price to be agreed”

•

Counter-offer – very likely – new term (refer to the above) Hyde v Wrench
-original offer made by Paula is killed (for Cory’s case only!!)

•

Acceptance? – unlikely – she will probably accept the dog when she thinks the dog is aliright.

•

Counter-offer? – very very very unlikely – no new term!

•

Enquiry – very very very likely – Steveson, Jacques & Co v McLean

•

* receives Cory’s counter offer

•

Replies to Cory agreeing to her terms. à by what method of comm.?

•

You may argue: if
-by letter- postal rule will apply – Adams v Lindsell (reasonable – Henthorn v Fraser; any particular stipulation – Holwell Securities)

•

There is a contract between Paula and Karen

•

Referring to no.4 above: if by letter, breach the contract

•

If by email/fax (actual comm.): revocation of acceptance?
- Countess of Dunmore v Alexander (Scottish case) à yes

•

à No
-A to Z Bazaars v Minister of Agriculture (South African) àNo

•

Acceptance to Paula’s offer

•

However, the offer is lapsed already.

•

Lapse of time – Ramsgate Victoria Hotel v Montefiore

1.

By letter (point no.4 above) – breach of contract if sells to Karen

2.

By email/fax – may still sell to Karen without breaching the contract