Offer and acceptance when forming a contract.

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Kate Fairclough                 A2 Law (Linda McGavin-Black)

Aman, a car dealer, has a number of conversations with clients in his showroom.

Bert states that he wishes to buy a particular Candida car on display in the showroom at £10,000, but Aman says that he could not sell it for less than £10,500. Aman says no more to Bert, but Bert assumes that the car is his for £10,500.

Aman offers to sell a Delissimo car to Emma for £15,00 and says that she can let him know by Friday if she wants the car. On Thursday afternoon Fred pays Aman £20,000 for the same car. Emma sends Aman an e-mail on Friday to say that she wants the car.

Aman makes an offer to sell a Grandino car, priced £22,000 to Harry who says he will think about it. Harry posts a letter to Aman the same day to say that he does want the car. Later that day Harry changes his mind and sends a fax message to Aman to say that he no longer wishes to buy the car after all.

Consider whether Aman has made binding contracts with Bert, Emma, Fred and Harry.                                                                                                                [50]

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This problem relates to offer and acceptance when forming a contract. In order for a contract to be made you need valid offer from the offeror and acceptance form the offeree. An offer is a proposal made in certain terms by the offeror with the intention of being bound by the proposal. Offers may be made in words, writing or conduct.

In displaying his goods Aman is not providing offers to sell, merely invitations to treat. Invitations to treat are invitations for people to make offers; they are not offers because Aman could find that his supply ...

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