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    Hey, i'm new here but help with this contract law question would be so so so much appreciated!!! the question is:

    On Monday 22nd June, alex wrote to bryony "please sell me your harley davidson motorbike for £10,000". On tuesday bryony replied by leaving a message on alex's answerphone "sure provided you pay cash". The following day bryony posted a letter to alex which said "i have changed my mind, i can no longer sell you the bike". the letter arrived on thursday before alex played back the messages on her answerphone. advise the parties. would it make any difference if a) bryony's letter had never arrived OR b) because of a fault on alex's answerphone, bryony's message had not beed recorded or c) on sunday 1st june bryony had asked alex if she wanted to buy her bike.

    i'm mainly confused about the first part... does bryony's letter consititute and invitation to treat and then alex's phone message an offer that includes a new term? in that case what would the subsequent letter count as because the offer hadn't been accepted? sooo confused! thanks in advance for any help!!!
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    (Original post by [email protected])
    Hey, i'm new here but help with this contract law question would be so so so much appreciated!!! the question is:

    On Monday 22nd June, alex wrote to bryony "please sell me your harley davidson motorbike for £10,000". On tuesday bryony replied by leaving a message on alex's answerphone "sure provided you pay cash". The following day bryony posted a letter to alex which said "i have changed my mind, i can no longer sell you the bike". the letter arrived on thursday before alex played back the messages on her answerphone. advise the parties. would it make any difference if a) bryony's letter had never arrived OR b) because of a fault on alex's answerphone, bryony's message had not beed recorded or c) on sunday 1st june bryony had asked alex if she wanted to buy her bike.

    i'm mainly confused about the first part... does bryony's letter consititute and invitation to treat and then alex's phone message an offer that includes a new term? in that case what would the subsequent letter count as because the offer hadn't been accepted? sooo confused! thanks in advance for any help!!!
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    Hey Laura

    you should visit www.lawteacher.net

    It is bloody marvellous for newcomers to contract law. i am at a similar stage myself. I am a first year undergraduate studying business law in london.

    Andy.
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    Some information that might help

    COUNTER OFFERS

    If in his reply to an offer, the offeree introduces a new term or varies the terms of the offer, then that reply cannot amount to an acceptance. Instead, the reply is treated as a "counter offer", which the original offeror is free to accept or reject. A counter-offer also amounts to a rejection of the original offer which cannot then be subsequently accepted. See:

    Hyde v Wrench (1840) 3 Beav 334.

    CONDITIONAL ACCEPTANCE

    If the offeree puts a condition in the acceptance, then it will not be binding.

    COMMUNICATION OF ACCEPTANCE

    The general rule is that an acceptance must be communicated to the offeror. Until and unless the acceptance is so communicated, no contract comes into existence:

    Lord Denning in Entores v Miles Far East Corp. [1955] 2 All ER 493.

    REVOCATION

    The offer may be revoked by the offeror at any time until it is accepted. However, the revocation of the offer must be communicated to the offeree(s). Unless and until the revocation is so communicated, it is ineffective. See:

    Byrne v Van Tienhoven (1880) 5 CPD 344.

    Invitation to treat

    An invitation to treat is an initiation of negotiations. Distinction between offers and invitations is important but not easy to draw. Courts will apply the objective test and look at the intention of the parties.

    Hope this helps you work out the answer to your question
 
 
 
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