Andy Vs. Bill Case Study
Issues
1.Andy vs. Bill
Is there any contract between Andy and Bill?
• Invitation to offer in general
• Acceptance in terms of offer
• Meeting of minds
2.Andy vs. Ciara
Significant issues which needs to be considered are as follows :-
• Query for more information
• Acceptance of the offer
3. Andy vs. Denis
• Validity of the contract
• Acceptance needs to be communicated.
Rules and Application
Andy vs. Bill
1) Invitation to offer in general –
The argument here to be discuss is whether there is a valid offer and acceptance to satisfy the conditions of a lawful contract. Invitation can be made in person or in public. In case of Andy vs. Bill, Andy makes an invitation to offer in the form of advertisement which can be accepted by any party …show more content…
Ciara is that in response to Andy’s offer, Ciara asked for additional information and Andy states that he will have to settle back. According to my perception, Ciara’s act of asking for more information does not lead to the termination of the original offer. Therefore, the power of the original offer does not gets destroyed. Hence, it can be claimed that the offer to sell the computer in $2300 still existed and can be accepted by Ciara.
2) Application of the Postal Acceptance Rule –
Postal Acceptance Rule (PAR) specifies that parties are connected by the means of post in order to enter into a contract. As per the rule, acceptance occurs on posting while on the other hand, revocation is operational only when the letter is acknowledged by offeree.
Therefore, in case of Andy vs Ciara, acceptance occurs before the revocation of offer. And so, the offer is accepted by Ciara and this acceptance is reflected as a request to enter into a contract. Acceptance of offer by Ciara on 6th April stipulates that it confirms the indispensable elements of the contract. Accordingly, there is a valid contract between Andy and Ciara.
Andy vs. …show more content…
Denis is the assumption by Denis for the acceptance of the contract. Here, the acceptance is not communicated by Andy and silence cannot be supposed as acceptance. Acceptance must be communicated to the other party within the specified time frame. Hence, in the case of Andy vs Denis, it could take the form of invalidity of the contract as there is no acceptance there will be no contract between Andy and Denis for the sale of computer.
Conclusion
To summarize with, the major elements of a valid contract which needs to be addressed are offer and acceptance. There is a valid contract between Andy and Ciara as all the essential elements of the contract are satisfied in this case. The offer is accepted by Ciara as per the terms of the contract and creates a legal relation between them.
Whereas on the other hand there is no legal relation with Bill and Denis as in the case of Bill, acceptance is not made as per the terms of the contract. Therefore, it does not lead to the validity of the contract. While in case of Andy vs. Denis, acceptance is made on the bases of assumption and since there is no acceptance by Andy the contract between them is not valid and Andy is not legally bound to sell the computer to
1.Andy vs. Bill
Is there any contract between Andy and Bill?
• Invitation to offer in general
• Acceptance in terms of offer
• Meeting of minds
2.Andy vs. Ciara
Significant issues which needs to be considered are as follows :-
• Query for more information
• Acceptance of the offer
3. Andy vs. Denis
• Validity of the contract
• Acceptance needs to be communicated.
Rules and Application
Andy vs. Bill
1) Invitation to offer in general –
The argument here to be discuss is whether there is a valid offer and acceptance to satisfy the conditions of a lawful contract. Invitation can be made in person or in public. In case of Andy vs. Bill, Andy makes an invitation to offer in the form of advertisement which can be accepted by any party …show more content…
Ciara is that in response to Andy’s offer, Ciara asked for additional information and Andy states that he will have to settle back. According to my perception, Ciara’s act of asking for more information does not lead to the termination of the original offer. Therefore, the power of the original offer does not gets destroyed. Hence, it can be claimed that the offer to sell the computer in $2300 still existed and can be accepted by Ciara.
2) Application of the Postal Acceptance Rule –
Postal Acceptance Rule (PAR) specifies that parties are connected by the means of post in order to enter into a contract. As per the rule, acceptance occurs on posting while on the other hand, revocation is operational only when the letter is acknowledged by offeree.
Therefore, in case of Andy vs Ciara, acceptance occurs before the revocation of offer. And so, the offer is accepted by Ciara and this acceptance is reflected as a request to enter into a contract. Acceptance of offer by Ciara on 6th April stipulates that it confirms the indispensable elements of the contract. Accordingly, there is a valid contract between Andy and Ciara.
Andy vs. …show more content…
Denis is the assumption by Denis for the acceptance of the contract. Here, the acceptance is not communicated by Andy and silence cannot be supposed as acceptance. Acceptance must be communicated to the other party within the specified time frame. Hence, in the case of Andy vs Denis, it could take the form of invalidity of the contract as there is no acceptance there will be no contract between Andy and Denis for the sale of computer.
Conclusion
To summarize with, the major elements of a valid contract which needs to be addressed are offer and acceptance. There is a valid contract between Andy and Ciara as all the essential elements of the contract are satisfied in this case. The offer is accepted by Ciara as per the terms of the contract and creates a legal relation between them.
Whereas on the other hand there is no legal relation with Bill and Denis as in the case of Bill, acceptance is not made as per the terms of the contract. Therefore, it does not lead to the validity of the contract. While in case of Andy vs. Denis, acceptance is made on the bases of assumption and since there is no acceptance by Andy the contract between them is not valid and Andy is not legally bound to sell the computer to