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offer and acceptance problem question Watch

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    Part of the question is as follows:

    A advertised in a local newspaper "The Hellsborough Daily" that he would pay a handsome amount of 20,000 (pounds) to whoever finds his dog. On Thursday C found the dog in his garage. Also on Thursday A placed a notice at Hellsborough market stating that the reward could no longer be claimed. On Friday Callum took the dog to A. Alex was delighted with the return but refused to pay C anything.
    Advise A

    So my question is:
    Would my answer be different if C was a local dog catcher?
    Has A taken "reasonable" steps to inform about the revocation?
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    (Original post by Zain Farah)
    Would my answer be different if C was a local dog catcher?
    Possibly. An existing public duty will not amount to valid consideration. Where a party has a public duty to act, this cannot be used as consideration for a new promise: Collins v Godefrey (1831) 1 B & Ad 950. Unless the promisor goes beyond their duty: Glasbrook Bros v Glamorgan County Council [1925] AC 270; Ward v Byham [1956] 1 WLR 496.

    Hope this helps.
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    (Original post by Zain Farah)
    Part of the question is as follows:

    Has A taken "reasonable" steps to inform about the revocation?
    The general rule is that an offer may be withdrawn any time prior to acceptance but once it has been accepted it becomes irrevocable - Routledge v Grant (1828).


    The revocation of an offer must be communicated by the offeror to the offeree - Byrne & Co. v Van Tienhoven & Co (1880).


    There are some exceptions where communication is effective without the offeree necessarily realising the offer has been revoked: if notice of withdrawal is sent to the offeree's last known address (if he has moved without telling the offeror) or if the offeree receives notification but decides not to read it.


    Public offers
    Communicating revocation of offers made to the public at large may be more difficult. The question of whether the communication is sufficient to constitute a withdrawal arises.


    Reasonable steps --
    Dickinson v Dodds (1875), Shuey v US [1875]


    However, once the offeree has commenced performance of a unilateral offer, the offeror may not revoke the offer --- Errington v Errington [1952]; Daulia v Four Millbank Nominees [1978]. Advertisement in a newspaper would be considered as an unilateral agreement.
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    (Original post by agaata5)
    Public offers
    Communicating revocation of offers made to the public at large may be more difficult. The question of whether the communication is sufficient to constitute a withdrawal arises.
    Just to add that you should flesh this out a bit - what is the audience of the market comapred to the newspaper? If they have similar sized audiences, and it is likely that those people who read the newspaper would have seen the market notice, then arguably it is sufficient. But if they are totally different, e.g. newspaper and market are in different towns, then it may well not be sufficient. Need to argue it really.
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    (Original post by fushunchups)
    Just to add that you should flesh this out a bit - what is the audience of the market comapred to the newspaper? If they have similar sized audiences, and it is likely that those people who read the newspaper would have seen the market notice, then arguably it is sufficient. But if they are totally different, e.g. newspaper and market are in different towns, then it may well not be sufficient. Need to argue it really.
    Well, you could say so. But then again, would you expect someone to look out for the notices after s/he sees an advert in the newspaper? It would be better to post the revocation in the same newspaper, but what is considered reasonable may vary.
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    Also, if it is a local newspaper, it is more likely that it is distributed across the area and that everyone in the neighbourhood gets it - notice in the market may not be sufficient; they may just not be there at the right time to see it.
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    Dear All,

    I would like to ask something about the revocation of offer.

    Lets assume that person A puts an advertisement for the sale of his car for 70000. (invitation to treat)

    Then person B makes an offer for 50000, and A replies back for 60000. A's counter-offer to B, rejects the original offer made by B. B does not reply to A's counter offer.

    Few days pass, and person C sees the advertisement, and makes an offer to A for 55000. person A accepts the offer and sells the car to C.

    An our after that, person B comes, to purchase the car.
    Who is legally entitled to the car, B or C?
    I think an offer is legally revoked if communicated to the offeree.
    Since person A did not communicate his revocation to person B, then it is not legally binding to enter into a contract with person C.

    What do you think?

    Thank you in advance.
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    (Original post by Jimmy199415)
    Dear All,

    I would like to ask something about the revocation of offer.

    Lets assume that person A puts an advertisement for the sale of his car for 70000. (invitation to treat)

    Then person B makes an offer for 50000, and A replies back for 60000. A's counter-offer to B, rejects the original offer made by B. B does not reply to A's counter offer.

    Few days pass, and person C sees the advertisement, and makes an offer to A for 55000. person A accepts the offer and sells the car to C.

    An our after that, person B comes, to purchase the car.
    Who is legally entitled to the car, B or C?
    I think an offer is legally revoked if communicated to the offeree.
    Since person A did not communicate his revocation to person B, then it is not legally binding to enter into a contract with person C.

    What do you think?

    Thank you in advance.
    Yo!!!

    Revocation in this regard only becomes relevant if B accepts the offer before a Contract was formed with C. The fact that A has made a counter offer to B does not suspend or condition his right to sell to another person until B has responded to the offer. That would be practically unworkable. Let's imagine that A makes an offer to 1 person to sell for 20 dollars and then A finds out his property is actually worth 23000 ( let's assume it was a painting and he found out it was painted by a famous artists ) and at this point B hasn't accepted A's offer to sell for 20, could we say that A is unable to sell to C who wants to buy it for 30000 until B decides or not to accept the painting for 20 bucks or until A sends a valid revocation which, as opposed to acceptance, will only be deemed valid upon receipt, not emission? That would be obstructive to business transactions wouldn't you say? The question however would be different if B had accepted the offer and A had sent a revocation. You'd have to determine which one stands, the acceptance or the revocation. In your case, since there is no valid lock out agreement (a legally enforceable agreement to sell; basically, contracting to contract) and since an offer per se is not binding on anyone until a valid acceptance has been emitted, then A is free to sell to C!
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    (Original post by yastyb)
    Yo!!!

    Revocation in this regard only becomes relevant if B accepts the offer before a Contract was formed with C. The fact that A has made a counter offer to B does not suspend or condition his right to sell to another person until B has responded to the offer. That would be practically unworkable. Let's imagine that A makes an offer to 1 person to sell for 20 dollars and then A finds out his property is actually worth 23000 ( let's assume it was a painting and he found out it was painted by a famous artists ) and at this point B hasn't accepted A's offer to sell for 20, could we say that A is unable to sell to C who wants to buy it for 30000 until B decides or not to accept the painting for 20 bucks or until A sends a valid revocation which, as opposed to acceptance, will only be deemed valid upon receipt, not emission? That would be obstructive to business transactions wouldn't you say? The question however would be different if B had accepted the offer and A had sent a revocation. You'd have to determine which one stands, the acceptance or the revocation. In your case, since there is no valid lock out agreement (a legally enforceable agreement to sell; basically, contracting to contract) and since an offer per se is not binding on anyone until a valid acceptance has been emitted, then A is free to sell to C!
    Thank you very much forYour reply. I just was a little confused thinking that maybe person A had to revoke offered to B before they accepted offer.
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    (Original post by yastyb)
    Yo!!!

    Revocation in this regard only becomes relevant if B accepts the offer before a Contract was formed with C. The fact that A has made a counter offer to B does not suspend or condition his right to sell to another person until B has responded to the offer. That would be practically unworkable. Let's imagine that A makes an offer to 1 person to sell for 20 dollars and then A finds out his property is actually worth 23000 ( let's assume it was a painting and he found out it was painted by a famous artists ) and at this point B hasn't accepted A's offer to sell for 20, could we say that A is unable to sell to C who wants to buy it for 30000 until B decides or not to accept the painting for 20 bucks or until A sends a valid revocation which, as opposed to acceptance, will only be deemed valid upon receipt, not emission? That would be obstructive to business transactions wouldn't you say? The question however would be different if B had accepted the offer and A had sent a revocation. You'd have to determine which one stands, the acceptance or the revocation. In your case, since there is no valid lock out agreement (a legally enforceable agreement to sell; basically, contracting to contract) and since an offer per se is not binding on anyone until a valid acceptance has been emitted, then A is free to sell to C!
    Hello. I wanted to ask one last question regarding legal essays if that's possible.

    When writing legal essays, I know that I have to give out Cases and Statutes in identifying the Law, but do I also have to set out the facts of the Case? Or do I just have to set out the judgement made by the judge, in identifying the current Law position.

    For instance, if I was to distinguish between employed and self-employed, would I also have to use the facts (story) from Ready Mixed Concrete v Minister etc, or merely the judgement made by the judge about the "contract of service", without stating the facts?

    Thank you in advance.
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    (Original post by Jimmy199415)
    Hello. I wanted to ask one last question regarding legal essays if that's possible.

    When writing legal essays, I know that I have to give out Cases and Statutes in identifying the Law, but do I also have to set out the facts of the Case? Or do I just have to set out the judgement made by the judge, in identifying the current Law position.

    For instance, if I was to distinguish between employed and self-employed, would I also have to use the facts (story) from Ready Mixed Concrete v Minister etc, or merely the judgement made by the judge about the "contract of service", without stating the facts?

    Thank you in advance.
    Hello!

    It is a good question, the answer to which would be that it depends. In general, you should not set out the facts of a case. When writing an essay, you must keep in mind that whoever is reading your piece of work will know the facts of the case. It would be a waste of time in the exam and a waste of word-count for your analysis in an untimed exercise to start saying stuff like, in Taylor v Caldwell T made a contract to rent a theatre hall, the theatre hall was then torn down by fire, this caused T to repudiate the contract on grounds of frustration. C objected that it was not frustration because blablabla...... and the court ruled that the subject matter of the contract had been destroyed and therefore the contract frustrated. This type of stuff is useless. This of course is with regards to general case citing in an exam or assignment to substantiate a point of law you're making. Where your analysis is more subtle, however, and you are attempting to make a compelling point by distinguishing the facts you have before you, when dealing with a problem question, or in an essay saying that, for example, opposing counsel's argument had some strength and that the judgement provided by the court did not fit the precise factual matrix or wtv (This is just an example, in the abstract), you might want to speak a bit of the facts. But you will have to make sure that your argument hinges on the facts and that it would be indispensable to your argument that you mention them in one way or another. It's a matter of good choice but remember:

    It is not a bad thing that you cite the facts, you won't get marked down for it, hell if you don't know what the hell is going on in an exam, it's better to make an ad hoc assessment of the facts which might get you some points. An examiner won't be like **** he set out the facts let me dock off a few points. It's just that it might take up time which you could have used for better stuff!!

    To answer your specific question I don't know which cases you're making allusion to, I might have not studied that area of law. If you're distinguishing cases it is good to mention the facts as succinctly as possible but only if in doing so, you are generating an argument, if you see what I mean.

    Where do you study btw???
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    (Original post by yastyb)
    Hello!

    It is a good question, the answer to which would be that it depends. In general, you should not set out the facts of a case. When writing an essay, you must keep in mind that whoever is reading your piece of work will know the facts of the case. It would be a waste of time in the exam and a waste of word-count for your analysis in an untimed exercise to start saying stuff like, in Taylor v Caldwell T made a contract to rent a theatre hall, the theatre hall was then torn down by fire, this caused T to repudiate the contract on grounds of frustration. C objected that it was not frustration because blablabla...... and the court ruled that the subject matter of the contract had been destroyed and therefore the contract frustrated. This type of stuff is useless. This of course is with regards to general case citing in an exam or assignment to substantiate a point of law you're making. Where your analysis is more subtle, however, and you are attempting to make a compelling point by distinguishing the facts you have before you, when dealing with a problem question, or in an essay saying that, for example, opposing counsel's argument had some strength and that the judgement provided by the court did not fit the precise factual matrix or wtv (This is just an example, in the abstract), you might want to speak a bit of the facts. But you will have to make sure that your argument hinges on the facts and that it would be indispensable to your argument that you mention them in one way or another. It's a matter of good choice but remember:

    It is not a bad thing that you cite the facts, you won't get marked down for it, hell if you don't know what the hell is going on in an exam, it's better to make an ad hoc assessment of the facts which might get you some points. An examiner won't be like **** he set out the facts let me dock off a few points. It's just that it might take up time which you could have used for better stuff!!

    To answer your specific question I don't know which cases you're making allusion to, I might have not studied that area of law. If you're distinguishing cases it is good to mention the facts as succinctly as possible but only if in doing so, you are generating an argument, if you see what I mean.

    Where do you study btw???
    Thank you for your reply. I really appreciate it.

    I study at the university of Edinburgh. Are you a student as well?
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    If you're a bit stuck with contract law, I have some really good notes that I made and put up online:

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    I hope it helps!It's worth paying a little, for a good grade in one of the most important topics in law.Good luck
 
 
 
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