Contract Law.docx - Surname 1 Students Name Professors Name...

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Surname 1 Student’s Name Professor’s Name Course Date Contract Law Assessment One Question One a. Mike should note that the message on the notice board would be regarded as an invitation to treat. This is because it is a suggestion that is aimed at determining whether there are any prospective buyers who would be interested in buying his laptop. b. Derick's email and Elizabeth's note would be characterized as mere responses to the inquiry that was made by Mike or can be deemed to be their expressions of interest in Mike's laptop. This is because Mike wanted to know who the interested parties would be so that they could reach out to him either by putting a note in his post tray or ringing extension 6666. This position can clearly be seen in the case of Harvey v Facey (1893) AC 552 where the plaintiff had inquired whether the defendant would sell him a Bumper Hall Pen. The defendant stated that the lowest he would sell the pen for was £900. This price was favorable for the plaintiff who stated that it was okay. The defendant however refused to sell the pen and Harvey sued him. The court in determining the case held that there was no offer and the defendant’s response could only be construed as a response to the inquiry made by the plaintiff. c. In the event that Derek's email and Elizabeth's note and cheque are considered valid offers, only the latter's note plus the cheque would be deemed to have been effectively communicated. In order to determine this Mike will have to analyze the message he had put
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Surname 2 on the noticeboard in a strict sense. It is therefore evident from this critical analysis of Mike's message that he had only prescribed two modes of responding to the inquiry for any interested party. Someone could either opt to put a note in his post tray or ring his extension 6666. Between the two parties, only Elizabeth adhered to the requirements that had been set out since she went with the first option. Derek failed to abide by the instructions that had been put forthwith since he used a completely different mode of communication that had not been listed. d. Mike's fax and postcard can be considered as amounting to a counter offer to the initial offer that had been made by Derek. The offeror, Derek, had made it known to the offeree, Mike, that he was going to pay £1800 for the laptop and that he was going to pay in cheque. The offeree in his response made a counter offer through the fax and postcard stating that since the Derek's offer was a discounted price to the one that had been stated in the invitation to treat, he needed to pay in cash. However the mirror image rule provides that an offer needs to be accepted without any modifications. Therefore in case a counter offer is made, the initial offer inadvertently fails. This position was clearly outlined in Hyde v Wrench (1840) 49 ER 132 where the Chancery Division held that since the claimant had made a counter offer, the initial offer lapsed and therefore there was no contract.
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