Hey. I'm doing a business postgrad and i have a law module regarding contract law. I've never done law in undergrad and I am lost about how to approach this assignment. Any ideas?
Simon, a London antique dealer, was trying to arrange a private sale of a pair of silver candlesticks which had failed to sell at a recent auction. On September 16 he telephoned Bertram, a dealer in Liverpool, describing the candlesticks and suggesting a price of £1200. At Bertram’s request, Simon wrote on September 18 to confirm this conversation; the letter stated: “My offer will remain open until September 25”.
Having received this letter, Bertram wrote back on September 21: “would you be prepared to accept £1000?” Irritated by this response (which arrived on September 23), Simon immediately instructed Alice, his secretary, to telephone Bertram and withdraw the original offer. When she attempted to do so, the telephone in Bertram’s office was answered by a cleaner, with whom Alice left a message.
On September 24, Simon sold the candlesticks to Charles, another dealer, for £1300. However, on September 27 a letter arrived from Bertram, dated and postmarked September 23, stating that he accepted Simon’s offer to sell the candlesticks for £1200.
What is the legal position?
Would your answer be different if Alice’s message had been left, not with the cleaner, but with Bertram’s secretary?
HELP!!!! Contract law assignment!!!! ASAP! Watch
- Thread Starter
- 11-12-2010 17:36
- 11-12-2010 20:00
Go through each statement or event one by one and think about whether it is a valid offer or acceptance or revocation (i.e. whether it has legal effect or not) and (if not immediately obvious) when said offer/acceptance/revocation takes effect
- Thread Starter
- 11-12-2010 22:26
Thanks a lot.
Question: IS "On September 16 he telephoned Bertram, a dealer in Liverpool, describing the candlesticks and suggesting a price of £1200" an offer or an invitation to treat?
Someone even suggested misrepresentation??!??!?
What do you think?