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Fisher v bell 3 in the above scenarios when is the

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Fisher v Bell 3) In the above scenarios, when is the contract formed? The issue is has there been an offer and has it been accepted. The display of goods in a store is an invitation to treat according to Pharmaceutical Society v Boots. The offer is only accepted when the cashier accepts. Jane makes the offer and the cashier can accept or reject. The cashier can also provide a counter-offer for the correct price. A counter offer rejects the offer and replaces it with another offer, see Hyde v Wrench. There is no contract between Jane and the shop owner. Exercise 5.5 Complete the following table: Term Definition Capable of being accepted? Yes/No? C Offer Invitation to treat Counter-offer Request for information 23 Exercise 5.6 Read the cases of Hyde v Wrench (1840) 49 ER 132 , Stevenson Jacques & Co v McLean (1880) 5 QBD 346 and the cases on revocation of offer (Parker and Box pages 111-115) and answer the following problem question using the IRAC method. Cite cases in your answer. Dave is a car dealer in Essendon who offers to sell a new car (A Daihatsu Sirion) to Bill for $16,500 on Sunday 30 December 2009, stating that the offer will remain open for five days. Three days later, on Wednesday 2 January 2009, Bill rings Dave and says ‘My friend wants to buy a Sirion as well. If we buy two Sirions will you sell them to us for
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$32,000?’ Dave replies that he cannot sell Sirions under the list price of $16,500 and that he cannot therefore sell them two Sirions for $16,000 each. The next day, 3 rd January 2009, Bill arrives at Dave’s showroom with a bank cheque for $16,500 and wants to take delivery of his new car. Dave tells Bill that unfortunately due to a devaluation of the Australian Dollar, the price of the car (which is fully imported) is now $18,500. Advise Bill whether he can insist on delivery of a new Sirion for $16,500. Exercise 5.7 Conditional Acceptance 1) Read the case of Masters v Cameron (Parker and Box pages 97-99). The High Court set out 3 possible scenarios relating to ‘conditional acceptance’ in this case. Briefly explain the three scenarios. Which scenario occurred in this case, according to the court? The issue is whether it is a counter offer or a request for information. A counter offer rejects the original offer and replaces it with another offer. The new offer now extinguishes the original offer, as explained in Hyde v Wrench. A counter offer must be promissory, as from the case of Harvey v Facey. However, Bill may just be performing a request for information. If it is just a request for information, then the original offer can be accepted before it is revoked. It a request for information and therefore not an offer as there was no promise. In Routledge v Grant, an offer can be revoked any time before accepted, even if specified it will be open for a certain period of time. However, the offer has been accepted as it was implied in the conduct, as seen in Brogden v Metropolitan Railway Company. Bill bringing in a cheque means that he accepts the terms and therefore there is a contract.
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