Contract law help!

Hello Everyone, I am having some difficulties solving this two problem questions if someone knows how to answer them please help.

1- offer and acceptance :

Anna advertised a Shetland Pony for sale for £500. Brenda faxed her, and said that she would buy the Pony for £500. Anna faxed back, stating that the price for the pony was now £550 and she must have an answer within a week. Brenda, telephoned Anna and asked if she would take payment in two instalments. Anna said no. Brenda heard a loud crash at the other end of the phone and Anna said ‘I have got to go’ and put the phone down. Brenda then posted a letter stating that she wanted to buy the Pony for £550 in one single payment. The letter was delayed at the sorting office and arrived more than a week after Anna’s fax stating the price of £550.

Advise Brenda as to whether, having faxed that she would buy it for £500, she could have successfully insisted that she had a contract to buy the pony for £500, and whether she has a contract to buy it for £550.

2- Express Terms :

Colin wanted to buy a pedigree female dog which would be good with his children and from which he could breed pedigree puppies to sell. He went to see a Channel Island Snoop dog. He had not previously heard of the breed, but he liked the look of it. He said to the owner, David, who was a breeder of Channel Island Snoop dogs ‘Is it good with children? If it is not, I will not even ask the price’. David said, ‘It is. The price is £750’. Colin then explained that he wanted to breed dogs and he started to examine the dog. David said, ‘you need not worry, if there was anything wrong with her, I would tell you’. David stopped examining the dog and bought it for £750.
When he got the dog home, it attacked one of his children. He had it examined by a vet, and was told that the breed was known to be one which was not safe to be around children and that this particular dog would not be suitable for breeding puppies for sale as it had a hereditary defect in its back legs.

Advise Colin as to whether it was an express term of his contract with David that (a) the dog was a good one to have around children and (b) that she was suitable for breeding.

Thanks :biggrin:

anyone ?

For the offer and acceptance one I would...

1. Define what an offer is, state for it to be valid it must be communicated and shove in a case.
2. Say a distinction is needed between what is an offer and an invitation to treat, (Gibson v Manchester City Council)
3. Talk about how classified advertisements are normally considered as an invitation to treat for bilateral contracts, not offers (Partridgev Crittenden)
4. Then define what acceptance is and the necessary elements (offer must still be open, communicated and mirror image rule)
5. Talk about methods of acceptance (postal rule = Adams v Lindsell, discuss if fax is instantaneous, if it is then Entores v Miles Far East Corp or Brinkibon v Stahag Stahl)
6. Talk about counter-offers destroying original offer (Hyde v Wrench)
7. Distinction needed between counter-offer and request for more information which doesn't destroy offer (Stevenson v McLean)
8. Summaries

After you've explained each point just to apply it to the question. Hope that's helped a bit :smile:

Reply 3

M135i

Original post by Law_student93

Thanks a lot for your help.

just a question is this counter offer ? Anna advertised a Shetland Pony for sale for £500. Brenda faxed her, and said that she would buy the Pony for £500. Anna faxed back, stating that the price for the pony was now £550. Did Anna made a counter offer here ? what is the case when the offeror changes the price of the item ?

Reply 4

Law_student93

Original post by M135i

No problem.
I've never actually seen an example of when the offeror changes the price except when they've revoked it and given a new price. I would assume it still could be classed as a counter offer though because all it is is when a term of the offer is changed. I'd still use Hyde v Wrench because the principle is still the same. Unless you go down the route of the offeror revoking the original price.

Reply 5

M135i

anyone knows the answer to express terms please ?

Reply 6

Forum User

You should not be stuck on this. The express terms question is just a clone of two cases, Bannerman v White and Schawel v Reade which you must have come across in your reading!

Reply 7

M135i

Original post by Forum User

You should not be stuck on this. The express terms question is just a clone of two cases, Bannerman v White and Schawel v Reade which you must have come across in your reading!

I am Familiar with the cases however, i dont know how to structure it as both issues require going through the same cases.