Contract Problem Question
Xavier meets Yyvone to discuss the sale of machinery. At the end of the meeting Yyvone says "My best price is £30,000." Xavier responds by saying "I am willing to pay £30,000 but I need to check with my accountant first. Email me by Friday to confirm your price."
Yyvone emails Xavier on Thursday to confirm the price. However Xavier is out of the office sick and his emails are diverted to an external company to respond whilst Xavier is out of the office. An incompetent employee at the external company misreads the email and forwards the email to Roger. Roger assumes it is spam email and deletes it.
On Saturday when Xavier still hasn't heard from Yyvone decides to purchase machinery from another seller. When Yyvone finds out Xavier has gone elsewhere to buy machinery she phones Xavier and says she will sue for breach of contract. Advise Xavier.
******
Just had this problem question in my exam. Just wanted to see what anyone else made of this. Seems fairly straight forward but I had a bit of trouble with the email and the incompetent employee. I used Brimnes and Brinkibon but interested to see what everyone else thinks.
Yyvone emails Xavier on Thursday to confirm the price. However Xavier is out of the office sick and his emails are diverted to an external company to respond whilst Xavier is out of the office. An incompetent employee at the external company misreads the email and forwards the email to Roger. Roger assumes it is spam email and deletes it.
On Saturday when Xavier still hasn't heard from Yyvone decides to purchase machinery from another seller. When Yyvone finds out Xavier has gone elsewhere to buy machinery she phones Xavier and says she will sue for breach of contract. Advise Xavier.
******
Just had this problem question in my exam. Just wanted to see what anyone else made of this. Seems fairly straight forward but I had a bit of trouble with the email and the incompetent employee. I used Brimnes and Brinkibon but interested to see what everyone else thinks.
The issue regarding the email and the incompetent employee have to do with the application of the postal rule to emails (a form of instantaneous communication) and the issue of whether actual communication must take place. See http://webjcli.org/article/view/239/337 for more info.
Btw, don't worry so much about past exams. They're over lol.
Btw, don't worry so much about past exams. They're over lol.
Quick Reply
Related discussions
- LAW: How to answer a problem question in Contract Law
- Sky part time retail sales advisor
- Does applying for broadband affect your credit score?
- Accommodation Offer
- Paid 6 months rent upfront and want to leave early
- OCR A Level Law
- Sample essays/contract law
- Job contract/no contract help
- Unsure about Placement Year offer
- room in london for this summer
- Economic duress moot help
- room in London for this summer
- Employment evidence
- DWP CFCD - working hours
- Can you have two contracts signed at the same time for a brief period?
- Tk Maxx Pay?
- Student finance
- Never, I repeat, NEVER ,go with Campbell Property
- AQA A-level law example essays
- Questions regarding LLB from UK for an Indian/international student
