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Law Help

X promised to sell Y their car for £400 and to reply by Thursday, on Wednesday X sold their car to Z.

Advise Y.

What case would you use as a reference for this? I am struggling to see if any contract has been made at all.

Thanks,
Ollie

Reply 1

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Reply 2

crystal1330

Original post by Ollied

Reply to what? How was this communicated? My understanding is a promise is just a promise and unless there was offer and acceptance then there is no contract.

If Y replied to an advert to but a car for £400 (the offer) and X replied and agreed, then X doesn't need to respond to anything, the offer and acceptance has taken place. The advert was an invitation to treat. Y saying I will by the car for £400 is an offer and X replying saying "ok" or whatever is acceptance and here the contract is formed. Although I suspect there is more to this as the scenario doesn't explain how or when they communicated. X and Y are therefore in a contract and it has been breeched by X selling the car.

If we are just saying "X and Y were talking and X said ill sell you my car if you let me know by Thirsday, it's just a promise or an invitation to treat. No contract is formed and an example is the uncle and nephew, horse selling case. I can't remember the name but google and you wil find it. Then look on WestLaw for judgment.

Don't forget you need consideration. Telling someone you met in a bar that they can swing by your house and by the car isn't a contract, it's a promise and there was no consideration in such situation.
I could be wrong but that's what I think at least bit I have only been in Uni for 3 weeks so double check lol

Reply 3

crystal1330

Oh I also think if it was an advert/ convo for a car to sell for £400 and the buyer said they were interested, it's just enquiring but buy the seller saying that you can have it if you reply by Thursday removes the previous offer and the buyer needs to accept these exact terms in their offer in order to make a contract.