In order to advise David it is necessary to consider the law relating to offer an acceptance. It is submitted there are four issues to be considered.
The first issue to be considered is David’s letter to Robert and Jenny, whereas in certain instances a letter may emend to an offer, (Carlill v. Carbolic Smoke Ball Co 1893). However it is submitted that specially in view of the wording David’s letters will most likely be considered to be an invitation to treat. In ACCA F4 Study Text invitation to treat is defined as follow “An invitation that a person is prepared to receive offers with a view to entering into a blinding contract, for example, an advertisement of goods for sale or a company prospectus inviting offers for share. It must be distinguished from an offer which requires only acceptance to conclude the contract” (Partridge v. Crittenden). Therefore when on 22nd May Robert and Jenny wrote they are interested and each of them would like further information it is wise to consider it as a request for information and it has to be distinguish from counter offer (Stevenson v. McLean 1880).
The second issue to consider is David’s letter to Robert offering him a position at a basic 10% commission. It would appear that David made an offer. As Richard Card and Jennifer James (1986) stated “an offer is made where a person (the offeror) unequivocally expresses to another (the offeree) his willingness to make a binding agreement on the terms specified by him if they are accepted by the offeree. An offer may be made to a specific person, to a group of people, or to the world at large (…).” Therefore must be determined whether the offer is been accepted.
The third issue that needs to be considered is David’s assumption that if he doesn’t hear form Robert by 31st May, then the offer was acceptable to him. As indicated by J Poole (2010) “(…) in standard bilateral negotiations, the general rule is that the offeror cannot waive the need for... [continues]
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