1500 word essay on Contract Law: Offer and Acceptance.?

Question by Pushpendra C: 1500 word essay on Contract Law: Offer and Acceptance.?
Coursework Question: Offer and Acceptance

Gaz a DJ, has advertised his CD collection in the local paper. The advert reads as follows:

“1,000 CDs for sale, £2,000 the lot. A wide variety of music, to suit all tastes and occasions. Change of business forces sale. Reply to me by the end of May.” A business telephone number and address was then given.

Ant saw the advert and posted a letter stating that he would take all of the CDs for the price stated. He also asked if she could collect the CDs in two weeks time. The letter was posted on Friday 26th May.

Louise telephoned on 29th May (Bank Holiday Monday), and left a voice mail on Gaz’s answer phone. This stated that she was accepting the offer of all of the CDs for the price given.

Donna sent a fax on Friday 26th May, which stated “I will take all of your CDs for £1,500.”

Advise the parties as to their legal positions. You will need to consider offer and acceptance (including the postal rule), but do not discuss consideration.

Best answer:

Answer by coragryph
All contracts require mutual assent — agreement to the same terms. Also sometimes called “meeting of the minds”.

Mutual assent (agreeement) includes an offer and acceptance of the offer. And the two parties must agree to the same terms. This is called the Mirror Image rule in contract law. So, you need to go through the terms, and see if they are the same. If not, then you need to analyze for possible counter-offers.

The postal rule is also sometimes called the mailbox rule, and deals with when offers are sent and withdrawn, relative to when acceptances are sent or withdrawn.

Finally, remember to deal with the question of when advertisemetns constitute offers, and when they do not.

Good luck.

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