Essay on Differences Between Blair And Chuck And Jack

1477 Words May 13th, 2016 null Page
Q1. ‘Acceptance and contract’
The issue here is whether there has an acceptance between Blair & Chuck and Jack, which is the key factor to prove that there exists a valid contract between them. Obviously, the rest of the elements of the contract is satisfied. According to the postal acceptance rules which can only be utilised on the premise of ‘send’, acceptance by post would be complete when the letter is posted and meanwhile there is a valid contract even if the letter never arrives . The deadline of accepting Jack’s contract is Friday 22nd, and Blair & Chuck signed the contract and successfully posted it on Thursday 21st, which means there has a valid acceptance and a binding contract. Jack said if Blair and Chuck agreed the terms in the contract, they would sign and send it back, which means Jack should know that posting may cause a delay and he should take full responsibility of the delay rather than acceptors .
However, Jack regulated the way of acceptance, which is putting the signed contract on his desk until Friday 22nd. Postal rule did not apply when the offeror designated the way of acceptance . The premise of forming a valid contract is that Blair and Chuck must follow Jack’s instructions and requirements to accept the contract. According to Eliason v Henshaw, to form a binding acceptance, offeree must follow the terms of the offeror including correct time, place and exact manner of acceptance and it was held that there was no valid acceptance because the…

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