BOULTON v JONES 1857 Defendant normally had some business deal with

Boulton v jones 1857 defendant normally had some

This preview shows page 3 - 6 out of 12 pages.

BOULTON v JONES (1857) Defendant normally had some business deal with Brocklehurst. Defendant offered to buy some goods from Brocklehurst, but on the day the order was sent, Brocklehurst had sold his company to the plaintiff. Plaintiff then accepted the offer of the defendant, by sending the goods, which was ordered by the defendant. The plaintiff did not inform the defendant that the business had changed hands. When the defendant knew that the goods had not come from Brocklehurst, he refused to pay for the goods. Plaintiff sued the defendant for the price. 3
Image of page 3

Subscribe to view the full document.

Held : defendant was not liable to pay for the goods. There was no contract between the plaintiff and the defendant. Plaintiff had no right to accept offer, which was not addressed to him. For acceptance, under Section 2 (b) of the Contracts Act 1950, the definition of acceptance is “when the person to whom the proposal is made signifies his assent thereto, the proposals said to be accepted’ a proposal, when accepted, becomes a promise.” According to this section, when the offeree (..the person to whom the proposal is made..) agrees or accepts the offer made by the offeror, there is an acceptance to such an offer. An offeree is also called as a “promise” or “acceptor”. Once there is an acceptance by the offeree, an agreement between the parties is created. A contract exists and it is binding upon the parties. For example: Syakir offers to sell his car to Syakira for RM65,000. Syakira agrees to buy it for that price. This is an acceptance. A contract is therefore binding between them. But there are conditions or requirements of a valid acceptance. The acceptance made by the offeree or acceptor, must satisfy certain conditions. If the conditions are not met, such acceptance would not be valid and thus the contract is not binding or void. The conditions are: 1. Acceptance Must Be ‘Absolute and Unqualified” The term of “absolute and unqualified” means that, the acceptance must be made without any further and additional conditions or qualifications to the original offer. The 4
Image of page 4
acceptance must be made exactly on the same term of the offer, without any modification. Any modification of the terms of the offer amounts to a “counter offer”. Counter offer is treated as a rejection of the original offer and therefore, there is no valid acceptance exists. Due to that, the contract is not binding. 2. Acceptance Must Be Communicated In Some ‘Usual And Reasonable Manner’ In section 7(b) provides, “…the acceptance must be expressed in some usual and reasonable manner, unless the proposal presctibes the manner in which it is to be accepted..” In this case consideration also one of the element of a contract. It is defined as the return for each other promise made under the contract. Anything, which has a value in the eyes of law, as a return to the promise made by each party to the contract is called a consideration. Consideration becomes the basis of the agreement. In the section 2 (d) of the Contracts Act 1950 also defines: “when, at the desire of the promisor, the promisee or any other person has done or
Image of page 5

Subscribe to view the full document.

Image of page 6
  • Summer '19

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask 0 bonus questions You can ask 0 questions (0 expire soon) You can ask 0 questions (will expire )
Answers in as fast as 15 minutes