• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Contract Law.

Extracts from this document...

Introduction

1) a) Christie is looking to put a case forward, making a claim against Monte for breach of contract. In this case Christie would be advised that his case is not as strong as he is hoping it to be, simply because of the fact that she would have to prove that there was a contract between himself and Monte, also proof regarding breach. Montes advert for sale, Morris Minor, 1950, in pristine condition, �2500 was published in the Classic Cars Gazette. If all of Monte's needs had all been met a contract would be placed automatically between the buyer and Monte. A contract was placed between Christie and Monte but it was a verbal contract because Monte's needs were not all fully met, when Christie phoned Monte he said that she could only afford �2000 but Monte stressed to her that he could not accept anything below �2250, in this phone call an offer of �2000 was declined and a counter offer was made of �2250, therefore the counter offer stands ...read more.

Middle

As Lord Denning explained in Entores Ltd v Miles Far east Corporation 2, if A shouts an offer to B across a river, but just as B yells back the acceptance a noisy aircraft flies over, preventing A from hearing B's reply, no contract has been made. The same situation could be placed here where Monte had no idea that Christie accepted his offer of �2250 simply because it got accidentally erased, therefore Monte didn't even have a clue. On Tuesday Dexter met Christie in a local pub and told him that he bought the car off Monte for �2500, Christie then immediately went home and sent a letter to Monte saying that she has accepted the offer of �2250 for the car. That same afternoon Monte wrote a letter to Christie withdrawing the offer of �2250 simply because he was offered more money. The revocation of an offer does not have to be communicated by the person selling the item (i.e. Monte), it can be communicated by a totally different source (i.e. ...read more.

Conclusion

If the postal rule were observed this would be the case if the above were to be true. As Justice Linedley J said: "An uncommunicated revocation is for all practical purposes and in point of law no revocation at all....., it may be taken as now settled that where an offer is made and accepted by the letters sent through the post, the contract is completed the moment the letter accepting the offer is posted."4 Having looked at the whole case there are certain facts that may have gone in favour of Christie, but having analysed this case and comparing to bits off other cases which were relevant, I think that Christie would be advised not to take any action against Monte, due to he fact that it would be very difficult to prove any sort of breach of contract and also she would have had to spend the �2250 or even more to cover the legal costs. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Contract section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Contract essays

  1. Marked by a teacher

    Contract Law - Offer And Acceptance

    3 star(s)

    View/Point of .. Offer Acceptance 1 Running bus By applying ticket/getting on the bus 2 Asking ticket =ITT, issuing it Accept ticket 3 (advance book' Issuing ticket Accepting booking Sales of Shares * In commercial language, makes an "offer to public", asking them to subscribe for share but they reserved

  2. Four ways in which a contract may be discharged.

    It could not be said that this was spent in reliance on Reed, but the court said that there was nevertheless, no reason why such expenditure should not be recovered so long as it satisfied the rules on remoteness; if Reed could have been expected to realize that such losses

  1. I have been asked to advise a client on considering contracting with a building ...

    (Taken from www.lawteacher.net/Contract/Contents/termscases.htm Accessed on 17 November 2005) Bettini V Gye 1876 "Bettini, an opera singer, was engaged by Gye to appear in a season of concerts. He undertook to be in London at least six days before the first concert for the purpose of rehearsals. He arrived three days late because of a temporary illness.

  2. In advising Bennys position of the interest over the said property (the flat), it ...

    The Court of Appeal held that Mrs. B had not made any direct contribution to the purchase price, so did not entitle to any interest by way of a resulting trust. 11 The courts are only giving effect to any contribution made by the contributor.

  1. LAW OF CONTRACT. LAW 103. THE CONTENT OF THE CONTRACT.

    What did each party know? Both knew that the jetty could only be used by the ship lying on the ground. The business of the jetty could not be carried on unless the ground was supposed to be safe. The master of the ship cold know nothing whereas the defendant might, by exercising reasonable care, know everything.

  2. Contract law - Case study.

    Although twenty boxes were to be used for Friend's own office, it is not included within personal or household use but business use. Although there was no written document on the terms, the oral representations are still binding as

  1. Outline the basic rule of the law of contract regarding the effective revocation of ...

    While it is clear that the revocation must be acknowledge to the attention of the offeree, it is not entirely clear as to when the revocation is treated as being brought to his attention. In The Brimnes [1975] QB 929, it was held, if a revocation sent by telex during

  2. Aspects of the law affecting construction projects.

    Contributory negligence ? although not a complete defence shows that the plaintiff may have contributed to his loss or injuries by his own negligence ie not wearing a seat belt in a car accident, not wearing safety clothing issued and recommended by the employer.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work