1) Dorothy and Brian
I: Had the contract between Dorothy and Brian come into existence? In particular, was Dorothy obligated to sell her house to Brian?
R: Offer and counter-offer
“An invitation to treat is essentially an indication that a person is prepared to negotiate”
“Acceptance cannot be interfered from the silence or inaction of the offeree” .
A: Brian offered to buy Dorothy’s house and Dorothy replied Brian that she would sell the house for $2.000.000. Brian countered Dorothy’s offer with four installments over a 2 year period for $1.500.000. Dorothy was ready to accept Brian’s price if Brian could take one lump sum payout on settlement, later Brian discarded cash payment. By making offer and counter-offer, Brian had rejected Dorothy’s …show more content…
The agreement was intended to be legally enforceable contract of dealing by both Emily and Rachael in a commercial relationship. Both parties had agreed the contract terms and the payment for the puppy had already been made so the contract had been concluded.Thereafter, Rachael promised Emily orally through phone after the valid contract had been formed. In fact, this can be seen as a past consideration which was not a valid consideration in the initial contract. Additionally, following by the Common Law, “if the promise is too vague or uncertain or does not oblige the promisor to do anything, it will have no legal value and cannot be consideration for the promise that the promisee is seeking to enforce.” Similarly in this case, Emily asked Rachael to promise about Fang’s temper and did not mention about what responsibility Rachael will take if Rachael breach the promise or Fang change its temper and so the promise was too inexplicit. Rachael provided a lack of consideration because Emily had already taken Fang home and paid full payment. As a consequence, there was not valid consideration as well as legal binding contract of Emily and Rachael. Therefore, Rachael’s promise was not available as a term of the original
I: Had the contract between Dorothy and Brian come into existence? In particular, was Dorothy obligated to sell her house to Brian?
R: Offer and counter-offer
“An invitation to treat is essentially an indication that a person is prepared to negotiate”
“Acceptance cannot be interfered from the silence or inaction of the offeree” .
A: Brian offered to buy Dorothy’s house and Dorothy replied Brian that she would sell the house for $2.000.000. Brian countered Dorothy’s offer with four installments over a 2 year period for $1.500.000. Dorothy was ready to accept Brian’s price if Brian could take one lump sum payout on settlement, later Brian discarded cash payment. By making offer and counter-offer, Brian had rejected Dorothy’s …show more content…
The agreement was intended to be legally enforceable contract of dealing by both Emily and Rachael in a commercial relationship. Both parties had agreed the contract terms and the payment for the puppy had already been made so the contract had been concluded.Thereafter, Rachael promised Emily orally through phone after the valid contract had been formed. In fact, this can be seen as a past consideration which was not a valid consideration in the initial contract. Additionally, following by the Common Law, “if the promise is too vague or uncertain or does not oblige the promisor to do anything, it will have no legal value and cannot be consideration for the promise that the promisee is seeking to enforce.” Similarly in this case, Emily asked Rachael to promise about Fang’s temper and did not mention about what responsibility Rachael will take if Rachael breach the promise or Fang change its temper and so the promise was too inexplicit. Rachael provided a lack of consideration because Emily had already taken Fang home and paid full payment. As a consequence, there was not valid consideration as well as legal binding contract of Emily and Rachael. Therefore, Rachael’s promise was not available as a term of the original