first year Contract Law Problem question

Hey guys, I have just done this problem question and I am not sure if i Went the right way about it..

2. Rachel; a cat lover, sees an advertisement in her favourite online magazine ‘Purrfect’ on 6^th December 2006. The advert states: ‘Cat tree available, 4 metres tall – will entertain your cat for hours. Cost £40 when new. Please contact Debbie for more information on: 0151 333 0000 or email: [email protected]. Rachel phones Debbie’s mobile but it is switched off. Rachel leaves a message on the answer phone saying: ‘I accept your offer of a 4 metre cat tree for £40.’ Zoe, also a cat owner, sees the same advert and phones Debbie. Zoe enquires about the cat tree and Debbie states she wants to sell it as it has been un-used since she bought it 2 years ago as her cat ‘Scaredy’ is afraid of heights. She says she would like £25 for it as it is second-hand. Zoe sends a cheque in the post to Debbie saying: ‘I accept your offer of £25 and enclose a cheque for that amount. Please contact me to arrange delivery.’ The letter is posted on 15^th December 2006 but doesn’t arrive until 20^th December 2006. Debbie acquires a new cat ‘Cliff’ who loves climbing the cat tree. She decides not to sell it and leaves a message with Zoe and Rachel on 12^th December saying ‘I no longer wish to sell my cat tree. Apologies and Thank you got all your interest in it.’ Jodie also sees the advert in ‘Purrfect’ and thinks it would be a great Christmas present. She sends an email to Debbie on 9^th December 2006 saying ‘I wish to buy your cat tree for £40.’ Due to a problem with her computer, Debbie isn’t able to read the email until 13^th December 2006. She then sends an email to Jodie that same day saying she is no longer selling the cat tree.

Advise Debbie on her possible contractual obligations.


I concluded that Debbie owes no contractual obligations to anyone mainly due to the fact it was a invitation to treat and she retracted her offer before acceptance. Would you agree? I did the IRAC method on each of the 3 girls relating to Debbie. It was a question solely about offer and acceptance. But I am not so confident on how I did it.

Thanks

Bloody hell! That's one heck of a question isn't it?

The first thing that came to mind is this, the postal rule:

THE TIMING OF ACCEPTANCE: (THE POSTAL RULE v THE RECEIPT RULE) & THE BATTLE OF THE FORMS - The general rule is that acceptance takes place on receipt (see post), but the postal rule is a fundamental exception to this.

THE POSTAL RULE.

Adams v Lindsell (1818) 1 B & Ald 681-This rule states that .where acceptance is by post, communication takes place as soon as the acceptance is posted

Household Fire Insurance Co Ltd v Grant (1879) 4 Ex D 217-There will be a contract even where the letter of acceptance is delayed in the post or even where the letter is lost in the post provided that it was properly addressed and stamped:

Holwell Securities v Hughes [1974] 1 All ER 161 - The parties can oust the operation of the rule by demonstrating an intention to do so; in this case ‘notice in writing’ was interpreted as meaning being received and read by the offerror.

Byrne & Co. v Van Tienhoven &Co. (1880) 5 CPD 344) - Furthermore it must be reasonable to use the post and its use must not lead to ‘manifest absurdity’.

The postal rule has been held to apply to telegrams ( of historic interest only) as well as to letters. Taking into consideration other methods of distance communication such as fax, telex, telephone answering machine, e-mail or interactive website.

I think that's a fundamental part of your answer for this question, the best thing would be to 'draw the question out' do you know what I mean? Try and make connections on a piece of paper about who is in a binding contract with who. Sorry this is all a bit long, above I've provided you with some cases you could use to back up some parts of your answer. How about you get back to me and we can go through it a bit together haha x

Tell me about it! Its just a self-revision question posted by my uni. Fancy help coming from an Arsenal fan? thanks for the reply, yes I used those cases but the main thing I concluded on that was the original advertisement was only an invitation to treat? Would you agree? Thanks for that, it sounds a good way to work it out. In my answer I dealt with all three separately in the context of Debbie. I am stressing out for the exam eeeek are you a Law student? X

Hey Tarny,

Haha yeah, why do you watch football?
In regards to the question it's a confusing one because there are so many elements to it. That's why I'm not satisfied enough with calling it just an invitation to treat. I think she has a contractual obligation with Zoe because she communicated her acceptance by saying she'll take £25 for it seeing as it's been used. She doesn't have a contract with either Rachel or Jodie because 1) communication wasn't effectively established with Radhel and 2) because she retracted her invitation to treat against Jodie. She's not obliged to sell. Meh, there's a couple of ways to look at it haha

You've got an exam already wow! And yes, I'm a law student, I guess you are too

Yeah I do quite intensely but you're not gonna like my team I already know haha! Yes I see what you mean, I got the same as you for Rachel and Jodie but for Zoe I got that she revocated her offer before communication was posted, so no acceptance even with the Postal Rule? I don't know i want to cry LOL

Yeah 50% of the first year mark is riding on this LOL, yeah I am.. are you a first year too?

Spurs? Failing that...Chelsea?

I suppose so because she didn't receive the letter until after she revoked the offer. You could say that indeed. I think you're sorted for this question but try reading it again and again to see you haven't missed anything important. Hey don't work yourself up over it haha! Contract law can be such a pain sometimes. You looking to become a solicitor?

Yes, first year indeed. Us newbies x

include me aswell lool ,

Welcome
How are you finding your first year?

Its quite stressing for me since I have 1 year old baby and full time work.

how are you finding it

Would you know where I can find a case i am looking for

found the case , never mind .

Spurs? Failing that...Chelsea?

I suppose so because she didn't receive the letter until after she revoked the offer. You could say that indeed. I think you're sorted for this question but try reading it again and again to see you haven't missed anything important. Hey don't work yourself up over it haha! Contract law can be such a pain sometimes. You looking to become a solicitor?

Yes, first year indeed. Us newbies x