Can someone explain the main points of this?
On 1st December 2017, Holly, a wholesale Christmas tree grower, posted leaflets to all the shops in her area which said: “Christmas trees for sale to local retailers, £7.00 each, minimum order 50 trees. Order early and get a discount! Cash on delivery.” On the back of the leaflet was Holly’s order form.
Paul, manager of Festive Foods, emailed Holly’s order form to her, ordering 50 trees, with a note attached saying: “Will payment by cheque next week be OK?” Holly did not reply.
On 10th December Holly hand delivered letters to her three local supermarkets. The letters stated: “Special offer: I have 100 trees left for sale for £700, cash on delivery. If you wish to make an order, please fill in the order form and email it to me to facilitate a swift transaction. First come first served”.
Stephen, manager of Painsbury’s supermarket, ordered the 100 trees by email using his own order form, rather than Holly’s, with Painsburys’s terms and conditions on the back.
Sam, manageress of Tresco Ltd decided to accept the offer by posting her order on Holly’s form. Holly did not receive the letter, which got lost in the Christmas post.
Later the same day, Stephen sent another email to Holly, using her order form: “Here is my order for the 100 trees. Will pay cash, as long as you deliver within 7 days.” Unfortunately Holly’s PC was not operating correctly and the email was not received.
Advise as to whether Holly had a contract with Festive, Painsbury and Tresco using the legal principles concerning the rules of offer and acceptance.
thanks for your help in advance,
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- Thread Starter
- 19-02-2018 02:10