Contract Problem Sample Answer-1 - Offer and Acceptance - Private Law

2/13/2020 Contract Problem Sample Answer-1 | Offer And Acceptance | Private Law
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Contract Problem Sample
Answer-1 
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Offer & Acceptance Problem - Sample

I – Issues
R – Relevant law
A – Application
C – Conclusion
First identify the legal issues. These should be stated briefly in one
is no need to enlarge on the issues, as this will be done in the appl
Secondly, take each issue in turn and set out the relevant law rela
All relevant cases and statutory provisions should be mentioned
and statutes should be italicised. It is not necessary to give the fa
The most important thing to set out is the legal principle decided in
Next, the law should be applied to the facts of the problem ques
done immediately after you have set out the relevant law on each
wait until you have set out the law on all the issues, as has been d
is no need to repeat the legal principles set out in the relevant law s
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Finally, state your conclusions. Again, there is no need to repe
already set out in the previous sections. The conclusion should b
https://www.scribd.com/doc/46175881/Contract-Problem-Sample-Answer-1 1/8
y p
more than one possible conclusion, set them all out.
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* * * * *
Philip wants to sell his house and advertises it in the local newsp
Answer for Part Cgiving
Contract
hisLaw - IRAC Method
telephone to
number.Law Of
Jim Contract
sees Contract
the advertisement How rings
and
Past Year… Sample Answer Answer Proble…
Sample Questio… Assignment on… Communicat
an appointment to see the house. Jim likes the house but cannot
Philip, his highest offer being £367,000, while Philip insists on £370,0
On the following Monday Jim receives a letter from Philip offering

£368,500 and saying that Jim can have until noon on Friday to
Wednesday evening Jim meets his brother Garrett in their local. Ga
Philip's son-in-law bought the house earlier that day for £367,000.
home and writes a letter to Philip, accepting his offer to sell at £368
letter immediately and Philip receives it on Thursday morning, bu
saying "You are too late. I have sold the house to my son-in-law."
Advise Jim.
The issues which arise in this problem are invitation to treat, counter
a promise to keep an offer open, revocation and the postal rule.
* * * * *
An offer may be defined as a clear, unambiguous statement of the

the offeror is prepared to contract should the offeree decide to acc
that the offer itself manifest an intention to be bound. If the offeror is
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or might not result there is no offer Instead it constitutes an inv
or might not result, there is no offer. Instead, it constitutes an inv
"offer to receive offers". Search 
Over the years the courts have held that certain situations constitute
DownloadratherNow than offers; for example, goods inaSearch shop document v
window (Fisher
Minister for Industry & Commerce), goods in a self-service shop
Society of Great Britain v. Boots Cash Chemists), auctions (Pa
Answer for Part CHarris v.Law
Contract Nickerson)
- andtoapplications
IRAC Method for tenders
Law Of Contract Contract(HarvelaHow
v. Roya
Past Year… of Sample
Canada).
Answer Answer Proble… Sample Questio… Assignment on… Communicat
Advertisements will generally constitute invitations to treat. In Partrid

the
andplaintiff
hens, 25splaced an He
each". ad in Cage
was and Aviary
convicted Birds
of the which
offence of stated "Bf
offering
bird. His conviction was quashed on appeal, where the court held th
were merely invitations to treat so that he could not have commit
"offering for sale".
Though as a general rule advertisements merely constitute invita

possible for an advertisement to be construed as an offer, if the
displays a definite intention to be bound (Carlill v. Carbolic
Lefkowitz v. Great Minneapolis Surplus Store and R v. Warw
Council ).
When an offer is accepted, it is essential that the offeree accept the

offer. If, instead of doing so, the offeree introduces a new term
counter-offer, the effect of which is to destroy the original offer. In Hy
defendant offered to sell his farm for £1,000. The plaintiff agreed to b
few weeks later the plaintiff accepted the offer of £1,000. The court h
no contract. By stating he would buy the farm for £900 the pla
counter-offer, which destroyed the original offer so that it could no lo
Another example of a counter-offer is the case of Wheeler v. Jeffrey
If the offeree intends to accept the offer as it stands, and looks

information about the offer, he does not make a counter-offer
information which does not destroy the offer. A good example o
Stevenson v. McLean.
In general, the offeree's acceptance of the offer must be communica

The postal rule however is an exception to this. If the accep
acceptance is complete the moment the letter is placed in the post bo
was first set out in Adams v. Lindsell . It applies even if the le
(Household Fire Insurance v. Grant ) though it will not apply if
properly stamped or addressed, if it was unreasonable at the time to
the offeror expressly or impliedly stated that the rule would not
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Answer for Part C Contract Law - IRAC Method to Law Of Contract Contract How
Past Year… Sample Answer Answer Proble… Sample Questio… Assignment on… Communicat
Securities v. Hughes and Kelly v. Cruise Catering ).
An offeror is entitled to revoke his offer at any time until it has been
Guardians of the Navan Union v. McLoughlin, the defendant was
to revoke his offer because the plaintiff’s acceptance had not yet be
to him. Even if the offeror promises to keep his offer open for a certa
entitled to revoke. In Routledge v. Grant the offeror promised to k
for six weeks but revoked after three. The court held that he was ent
An offeror's promise to keep his offer open is not legally bind

unsupported by consideration. If the offeree provided even a nom
(eg. £1) for the promise to keep the offer open then the offeror canno
It is essential
apply that revocation
to revocation, be communicated
therefore to the offeree.
a letter of revocation Thetak
does not po
received by the offeree (Byrne v. Van Tienhoven). Revocation ne
be communicated by the offeror. In Dickinson v. Dodds the defend
his house to the plaintiff, and promised to keep the offer open f
following day a third party told the plaintiff that the defendant had
else. The plaintiff immediately purported to accept the offer. The Co
that the offer had been validly revoked and could not therefore be
plaintiff. The facts of Cartwright v. Hoogstoel also involved revocat
third party. It is difficult to know exactly when a third party can validly
the information comes from a reliable source it will presumably ope
offer. On the other hand, will mere gossip be sufficient? This is a que
decided on the circumstances of every case.
* * * * *
Philip's advertisement in the local paper is an invitation to treat. I

telephone number and a price; there is nothing more that might tr
offer. Jim then makes an offer of £67,000 which is destroyed by Ph
of £70,000.
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Jim then makes a fresh offer of £68,500 and gives Jim until noon
about it The fact that Philip impliedly promised to keep the offer ope
about it. The fact that Philip impliedly promised to keep the offer ope
because his promise was not supported Search by consideration. He
 is
before noon on Friday.
DownloadTwo
Now days later Jim hears from his brother Garrett
 Search 
that the house
document
sold. Does this constitute a revocation of Philip's offer? An offer can
time prior to acceptance, and revocation need not necessarily be com
Answer for Part Cofferor.
ContractThe
Law - validity
IRAC of thetorevocation
Method in this case
Law Of Contract depends How
Contract on Garre
Past Year… were a notorious
Sample Answer gossip,
Answer with a
Proble… tendency
Sample Questio…to Assignment
get his facts
on… wrong, th
Communicat
would probably
offer would not berevoked.
be validly effective. If, on the other hand, he were reliab
If a court were to find that Garret was an unreliable source, the off
been revoked on Wednesday night and would therefore have
acceptance when Jim hurried home to write to Philip. According to
acceptance would have taken effect the moment the letter was pos
would have had a valid contract to buy the house that night. Philip
that the house had already been sold would not have operated as a
offer because it would already have been accepted.
* * * * *
In conclusion, I consider that the outcome of this problem depends

a trustworthy, reliable source, then the offer was revoked on Wedn
pub. If he is not reliable, then a contract came into existence betwe
the moment Jim posted the letter on Wednesday night.
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2/13/2020 Contract Problem Sample Answer-1 | Offer And Acceptance | Private Law

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Offer & Acceptance Problem - Sample

On the following Monday Jim receives a letter from Philip offering

An offer may be defined as a clear, unambiguous statement of the

Advertisements will generally constitute invitations to treat. In Partrid

Though as a general rule advertisements merely constitute invita

When an offer is accepted, it is essential that the offeree accept the

If the offeree intends to accept the offer as it stands, and looks

In general, the offeree's acceptance of the offer must be communica

Download Now  Search document 

Securities v. Hughes and Kelly v. Cruise Catering ).

An offeror's promise to keep his offer open is not legally bind

Philip's advertisement in the local paper is an invitation to treat. I

In conclusion, I consider that the outcome of this problem depends

Download Now  Search document 

Reward Your Curiosity

Read Free For 30 Days

Documents Similar To Contract Problem Sample Answer-1

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