StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

The Law of Contract and Remedies for Breach and Postal Rule in Communicating Acceptance - Case Study Example

Comments (0) Cite this document
Summary
The paper "The Law of Contract and Remedies for Breach and Postal Rule in Communicating Acceptance" highlights that the English law of contract requires a binding contract to have an offer and acceptance and both parties must aim at creating legal obligations. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.1% of users find it useful
The Law of Contract and Remedies for Breach and Postal Rule in Communicating Acceptance
Read TextPreview

Extract of sample "The Law of Contract and Remedies for Breach and Postal Rule in Communicating Acceptance"

Download file to see previous pages According to the case of Pharmaceutical Society of Great Britain v. Boots (1953) 1 QB 401, display of goods is a willingness to conduct business or commence negotiations thus is considered as an invitation to make an offer (Mulcahy 2008). Mulcahy (2008) points out that the law of contract requires a valid offer and acceptance. An offer is an expression of willingness to enter into a contract with the intention of creating legal obligations upon acceptance. An offer has to be communicated since there can be no ‘meeting of the minds’ the offer is not communicated. In this case, Harry has made an offer of £1,000. According to the mirror image’ rule, the acceptance by Paul must be done according to the terms of the offer. The case of Day Morris Associates v. Voyce (2003) clarified that acceptance by either words or conduct of the other party gives rise to the inference that the offeree assents to the offeror’s terms thus a valid acceptance must be done according to the terms of the offer for a legally binding contract to be formed (Mulcahy 2008). In this case, Paul has not accepted the offer from Harry since he asserts that he will accept £1,500 thus he has made a counter-offer that extinguishes the original offer by Harry. In this case, Harry is required to make a valid acceptance that mirrors the terms of the offer from Paul. According to the court of appeal in the case of Butler machine v. Ex-cell-o (1979) 1 WLR 401, the ‘last shot’ or last offer wins the ‘battle of forms’ in instances where one party makes an offer and the other makes a counter-offer (Stone and Quinn 2007). Generally, silence has not deemed acceptable, and thus Harry requests for three days to think about the acceptance. Although Harry has requested for three days to think about the offer, Paul has not cancelled the offer. Accordingly, the power of acceptance does not terminate if it is qualified in form, but not in substance. Paul’s offer can only be terminated through acceptance, rejection, the lapse of time, counter offer and revocation.  ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Foundation of lawwriter 1 Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Foundation of lawwriter 1 Essay Example | Topics and Well Written Essays - 1500 words. Retrieved from https://studentshare.org/law/1653891-foundation-of-lawwriter-1
(Foundation of Lawwriter 1 Essay Example | Topics and Well Written Essays - 1500 Words)
Foundation of Lawwriter 1 Essay Example | Topics and Well Written Essays - 1500 Words. https://studentshare.org/law/1653891-foundation-of-lawwriter-1.
“Foundation of Lawwriter 1 Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/law/1653891-foundation-of-lawwriter-1.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Law of Contract and Remedies for Breach and Postal Rule in Communicating Acceptance

Origin of the Postal Rule

... Postal Rule Origin of the Postal Rule The foundation of the postal rule can be traced back to the 1800s and is found in the lawful principles of various nations. The postal rule is a concept of contract law. It is an exemption to the general rule, which states that, an acceptance is only formed when communicated directly to the offeror. The postal rule states a reception is applicable and the contract satisfactory when the acceptor list the application in a mailbox for return mail to the offeror. This implies that acceptance is binding once the mail is posted. However, this form of bargaining had a setback because the parties involved could not know concurrently whether they had formed a contract. Consequently, a general rule dictating...
10 Pages(2500 words)Essay

Offer and acceptance in english contract law

... not an acceptance (University of London, n.d., p. 27). Advice to Farah There was no agreement between Farah and any of Peter, Fabian, Jon, and Zara. Peter’s acceptance to buy the compass at a reduced price was not absolute, as he had not completed the walk. This amounted to counter offer and hence no agreement. Fabian’s ?60 instead of ?70 also amounted to counter offer. Jon’s case did not amount to an agreement because Farah did not accept his counter offer and silence does not amount to an acceptance. Though Zara communicated her acceptance, the offer was no longer in force, and she was aware of this. Farah is therefore not liable to any of the parties for breach of contract based on the rules of offer and acceptance. No remedy would...
10 Pages(2500 words)Essay

Breach of Contract

... Breach of contract Introduction A contact is an agreement between two or more parties intended to create legally binding relationship and which can be enforced in a court of law. The parties are protected under the law of contract and are subject to all the conditions as written in the contractual document. A breach of contract arises when one of the parties to the contract fails to perform his part and therefore a breach of contract occurs. The aggrieved party is entitled to legal remedies available under the law of contract. The aggrieved party may seek an action in court for specific performance or damages. The main reason for remedies to breach of contracts is to compensate the aggrieved party and punish the other party for failing...
3 Pages(750 words)Essay

Sellers Remedies for Breach of Contract by a Buyer

... of the remedies available to a seller in the event of breach of contract by a buyer. B. Remedies Available To the Seller in Case a Buyer Breaches Contract Any breach of a valid and binding contract gives the aggrieved party the right to sue for damages from the party that has breached the contract4. English law of contract provides certain remedies to an aggrieved seller whose contract has been breached by a buyer as noted by Whincup5. It is worth noting that unlike buyer’s remedies that are dependent on the acceptance of an offer, seller’s remedies for breach of contract does not depend on the acceptance of the contract6. According to Rowan, regardless of whether the buyer has accepted the goods or not, a breach of the contract entered...
14 Pages(3500 words)Essay

Contract Law on Offer and Acceptance

Hence Brenda succeeds on the both the counts against Andrew.
Tuesday Morning: Brenda replied by e mail that the price of 50 was a mistake instead of 500 and offered to Andrew the car at a discounted price of 450.and kept the offer open till 12.00 p.m on Friday. and Andrew replied that he would consider the new offer though expressing annoyance at Brenda's mistake. Brenda had corrected the price on the website before receipt of Andrew's offer.
An offer is made when one person signifies to another his willingness to do or not to do a certain act with an intention that it shall be binding on the offeror if accepted by the person to whom the offer is made. The latter is called 'offeree"1 The offeror's signifiying act called...
10 Pages(2500 words)Case Study

Acceptance Under Contract Law

... Contract law July 5, 2005. Consideration, Offer and Acceptance under Contract law. Introduction: Roger refuses to pay Magda Contractors the extra amount of 5000 pounds that he orally agreed to pay in return for completion of the renovation of his house on time. He also refuses to pay his friend Mohammed a sum of 200 pounds that he promised to pay for decorating his front bedroom. However, Roger has sold some articles for 1000 pounds to Nature magazine, but orally agreed to accept 900 pounds instead, because he was desperate for money. Roger now seeks legal advice on the following: (a) Is he obliged to pay Magda Contractors and Mohammed? (b) Is he entitled to claim the 100 pounds from Nature Magazine? Principles of Contract...
7 Pages(1750 words)Essay

REMEDIES LAW

In considering the impact of blame culture, this study will reflect on the attitudes of judges when being asked to apportion liability, and examine case law in this area in order to explore whether recent cases demonstrate reluctance or willingness on the part of judges with regard to the apportioning of blame.
Mullender (2006) suggests that the culture of blame might stem from the emergence of professional negligence claims and personal injury claims. In his study he noted that judges had become aware of a rise in the number of claims, some of which appeared to be fake. In McLoughlin v O’Brien [1982]1 Lord Wilberforce warned that
‘…such an extension may lead to a proliferation of claims, and possibly fraudulent claims, to...
10 Pages(2500 words)Essay

Contract Law Problem Question - Breach of Contract

...Contract law Problem Question - Breach of Contract Peter wishes to demand specific performance of the contract between him and David regarding the house as he intends to live, at the very least, the stipulated 10 years of the contract. In doing so, Peter needs to affirm the contract exercising his right of election as a result of the breach of contract, in order to successfully argue the remedy of specific performance. The Breach of Contract Peter needs to show that David is in breach of contract since he has performed his obligations defectively. David has used the subject matter of the agreement, the house, to express his intentions to sell it to the property developer while it was still in use by Peter who had abided by his obligations...
8 Pages(2000 words)Essay

Legal Remedies for Breach of Contract

... may be legally binding on the parties making such promise. 2. A legal obligation arising from that promise In English contract there is a distinction between bilateral contract and unilateral contracts. In a bilateral contract there is obligations on both sides i.e. both parties are equally responsible for the smooth execution of the contract, Collins (2003). Breach of contract is punishable with damages or other remedies under the English system of justice. In respect of remedies two types of remedies are available under the English Law one under the common law and the other under equity. England had two different systems of law, which are operating simultaneously; they have different set of rules altogether different from one another...
10 Pages(2500 words)Dissertation

Contract Law: Postal Rule

The judge gave his point, where he describes what a postal rule is. The Postal Rule is an exception to the common rule of offer and acceptance. Under the common practice of contract formation and application, the acceptance takes place only when it is communicated to the offeror. Until and unless the acceptance has not been communicated, a contract cannot be formed between the two parties.
However, the Postal Rule has a different practice when it comes to the communication of the acceptance of the offeree. Under the Postal Rule, the acceptance takes place when the letter is posted, which is contrary to what is usually practiced under the Contract Law in Common Law countries. In the case of Dunlop v Higgins (1848), the law was...
10 Pages(2500 words)Term Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Case Study on topic The Law of Contract and Remedies for Breach and Postal Rule in Communicating Acceptance for FREE!

Contact Us