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Need some Suggestion for Business Law ( Contract Law) to complete my essay watch

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    Here is the situation:
    *On Monday,A left message in B's voice box offering to by B's car for 30k.
    *On Tuesday, B replied by letter agreeing to the proposal. However, the letter was lost in the post. On the same day, B sent a fax to A confirming the transaction. Although it arrived at A's house, by mistake it was sent to his wife's fax machine (The are on bad term so A's wife did not pass the message).
    *On Wednesday, B sent an email to A stating, " Unless i hear something from you by noon- tomorrow I'll assume that the deal is off".
    *On Thursday, A saw B's fax. Meanwhile, having heard nothing
    *On Friday, at 3 p.m B sold the car to Carl for 50k.
    End.

    So if you don't mind give me your opinions, suggestions and some relevant laws to explain the issues above...
    Thanks bros:yes:
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    So you're dealing with contract law, specifically offer and acceptance, and the issues relating to:

    what constitutes an offer versus an invitation to treat (A's initial message to B)
    postal acceptance rule (B's letter to A)
    development of the postal acceptance rule (B's fax, and B's email)
    acceptance/rejection by silence
    how long an offer must be left open, and when it can be unilaterally retracted

    This is all common law, I'd suggest going through a good textbook like Anson on Contract.
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    What MelesMelese said, just to add two things...

    1) With regards to the fax, there is a communication issue.... does sending a fax to his wife's fax machine count as communicating it to the offeror? This is the Brinkibon case. The underlying 19th century logic of the postal rule - namely that by sending a letter one has done all he can do - could be used here.

    2) If they are on your course, its worth mentioning property aspects. Namely if there was a contract between A and B, did property pass to B; and if so does C get good title by virtue of nemo dat. Not complicated, but worth mentioning.
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    There's a very similar question to this in the Adrian Chandler/Ian Brown 'Questions and Answers: Contract Law' and they give the full answer - great book
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    This thread reminds me how much I hate contract law :F
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    Thanks you guys, so i just wonder why nobody talk about consideration and intention to create a relationship?.
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    (Original post by dinhlan)
    Thanks you guys, so i just wonder why nobody talk about consideration and intention to create a relationship?.
    Its a good idea to mention them in passing (i.e. a sentence) for completeness, but they aren't really problems here: its fairly obvious that there is consideration (30k for a car) and fairly obvious that there is intent to create legal relations (a business relationship).
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    (Original post by jacketpotato)
    Its a good idea to mention them in passing (i.e. a sentence) for completeness, but they aren't really problems here: its fairly obvious that there is consideration (30k for a car) and fairly obvious that there is intent to create legal relations (a business relationship).

    Jacketpotato is right - you should have other questions on the exam that will be more directly related to consideration and ICLR - you'd just waste time and effort going into them in detail in this case. By only brushing over the topics it will show the examiner you are aware of the doctrines, but that you also know how to identify and tackle a specified problem.
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    would some body tell me some information about the Guideline on the Application of the postal rule... Especially, 2 part following :
    The postal rule must no be ousted by Terms of the offer
    The balance of fault...
    Thanks for viewing
 
 
 
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