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Law Case Study

Please guys give me an points to start forming a essay. Anything might be useful will be much appreciated.

Case Study states the following:

Ahmad wrote to Megan, "I want to sell my car a 2003 Honda to you at $5,000. Please reply me as soon as possible when you received this letter". Megan is very interested and posted a letter replying "Yes I am interested if you can sell at $4,500". The letter reached Ahmad 10 days later but Ahmad had already sold to Kevin. Advise Megan if there is an agreement in this case.

In this case study I should :

- Asses if the letter is an offer- Gibson V MCC
-Acceptance: *Counter offer: Hyde V Wrench
*Postal rule: Adam V Lindsell & Holwell securities v hughes

Thank you so much for any help given

Reply 1

Mimir

Take each clause in turn and analyse it using the case law.
Is there an intention?

Then consider the letter - when is it delivered, when is it received etc.

Conclude.

Reply 2

Arab17

Original post by Mimir

Take each clause in turn and analyse it using the case law.
Is there an intention?

Then consider the letter - when is it delivered, when is it received etc.

Conclude.

Hi Mimir, thanks for you passing.

Do you have an example of what you are talking about? so it will be easier to refer

Much appreciated.

Reply 3

Mimir

Original post by Arab17

Hi Mimir, thanks for you passing.

Do you have an example of what you are talking about? so it will be easier to refer

Much appreciated.

I will give you an example which is not specific to your scenario so I am not doing your homework for you.

Clause "A will sell and B will buy the product, C, for £1."

Is it a condition? Warranty? Mere puff?
Consider case law for intention to create legal relations, sufficiently clear clauses etc; apply the principle from the law.
Is it fair etc? (UCTA, SGSA, SGA) if appropriate.
Conclude - A and B entered into a binding clause where B will buy C from A for £1.

Reply 4

Twiny

Hey, there are several formats / mode of answering questions available i.e

I - ISSUE

R- RULE

A- APPLICATION

C - CONCLUSION OR

C -CONCLUSION

R- RULE

E- EXPLANATION ( precedent case)

A- APPLICATION

C - CONCLUSION.

E.G using (IRAC) on the issue of acceptance, one of the rules regarding acceptance is that the acceptance must be absolute and uncoditional. This rule was applied in Hyde v Wrench ( Brief statement of facts and the holding) and then conclude by applying the scenario in the aforementioned case to the scenario set by the examiner.

In any sort of essay question tackling it in a step by step ( in your case analyse all the communications that passed between the two parties and identifying what it amounts to and the principles that are applicable, including exceptions if any )method is the best because you will not leave anything out therefore making sure every issue is tackled. I hope this helps :biggrin: