Is a "quote" a representation or term Watch

Kidson
Badges: 0
Rep:
?
#1
Report Thread starter 7 years ago
#1
If A asks B to quote for an item to be shipped to a named overseas destination and B quotes a figure of X to A in writing and which A then relies upon when entering into a contract with B:

1. Is the quote then considered to be a representation or term?

2. If the contract is entered with a 'Click-wrap' agreement can B then rely upon their Terms and Conditions to alter upwards the figure X

3. If the 'Click-wrap' was only a requirement to view and read the T&C's and not to give express consent or acceptance would A still be subject to B's T&C's?

Any comments, advice and/or suggestions would be welcomed and appreciated

Many thanks
0
quote
reply
jacketpotato
Badges: 20
Rep:
?
#2
Report 7 years ago
#2
Could be either depending on the circumstances. Run through the tests for incorporation to decide.

RE: 2 and 3 sounds like you have further incorporation issues.
0
quote
reply
Kidson
Badges: 0
Rep:
?
#3
Report Thread starter 7 years ago
#3
Unable to decide hence asking others to determine based on given facts
0
quote
reply
Kidson
Badges: 0
Rep:
?
#4
Report Thread starter 7 years ago
#4
Anyone any ideas?
0
quote
reply
Clip
Badges: 17
Rep:
?
#5
Report 7 years ago
#5
A asking B to quote is an invitation to treat.

B's quote is an offer.

A can then say that he has a contract within the larger contract, rather than a term that he is relying on.
0
quote
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

University open days

  • University of Lincoln
    Mini Open Day at the Brayford Campus Undergraduate
    Wed, 19 Dec '18
  • University of East Anglia
    UEA Mini Open Day Undergraduate
    Fri, 4 Jan '19
  • Bournemouth University
    Undergraduate Mini Open Day Undergraduate
    Wed, 9 Jan '19

Were you ever put in isolation at school?

Yes (181)
27.55%
No (476)
72.45%

Watched Threads

View All