0203 term1 no1 (with comments) - A Having considered the...

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A) Having considered the above mentioned, Paul would want to discharge the contract so that he does not have to pay anything and does not have to lease a boat from Loveboat. Also, he would want to claim for the additional amount he incurred having to rent a boat form another company. Based on the facts of the case, it seems highly likely that paul will be able to discharge the hire contract and not continue with the hire of the boat from 1-5 dec. It is essential to show that there is a contract in the first place, there there is a breach of an innominate term which deprives paul of sufficiently the whole of the benefit of the contract and lastly, that paul has elected for a discharge of the contract. In terms of contract formation, the 3 rd nov advertisement on straits time constitute only as an invitation to treat. On the 4 th of Nov, Paul made an offer for hire. On the 14 th of Nov, a counter offer was made. Counter offer specifically states love boat 1 for lease, a $100 voucher upon payment and a $100 voucher on acknowledgement within 7 days, The reply by paul on the 15 th of nov is an acceptance of the offer. Applying the postal acceptance rule, the paul has accepted the offer th moment he post the acknowledgement slip. This offer and acceptance is also furnished by consideration. Love boat promised to lease the boat and subsequently reserved the boat for paul. Paul on the other hand promised to pay the lease amount. There is also no doubt as to the legal enforceability of the contract since loveboat is running a business and large monetary sums are involved. An important point is that the mail on the 5 th of nov does not constitute loveboat’s acceptance of paul’s offer on the 4 th . This is because there is no valid communication of acceptance. Paul has specifically stated for fax as medium of communication but love boat did not follow the prescribed method of communication. This is of special significance in the sense that during the process of offer and acceptance, there is actually no reference clause 11 as stated on the website.
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