Hyder V Wrench Case Study
Plaintiff: Bernard, Charlene and Damien
Plaintiff(s) wish to sue defendant for breach of terms. This is depends on whether there is a valid contract formed between each of the plaintiff and defendant.
The law of contact is must be lawfully binding contact between two or more parties enforceable by law. On the fact, it is not written but is be verbal. However, it is clear that a contract does not have to be in writing.
(i)Offer: Offer is determine the offeror is expression of willingness to enter into contract with offeree (Professor Trcitel). It is different from a counter-offer (Hyder v Wrench). Examples will be advertisements, auctions, tenders and display of goods. Firstly, it should be resolved there …show more content…
Counter-offer figure out whether in his answer to an offer, whther the offeree introduced a new terms or changed the terms of the offer, then that the answer cannot be equal to an acceptance. Instead, the reply is considered as a ‘counter-offer’, and the original offeror is free to accept or reject it. A counter- is also the rejection of the original offer, which cannot be accepted subsequently.
A case illustrative of this is Hyde v. Wrench (1840), where because of an offer to offer a home at a specific piece, the offended party made an offer to purchase at a lower cost. This offer was rejected, and the plaintiff sought to accept the preliminary offer. It was held that no agreement was made as the underlying offer was ended by the counter-offer.
Positive Acceptance mean acceptance must be positive and not passive. In other words the party accepting the agreement should suffer acknowledge an offer. He could not be considered to have accepted his …show more content…
According to (Professor Atiyah), someone get profit and someone get loss. Certain rules apply; for instance, consideration cannot be past (Roscola v Thomas). Consideration cannot be paid for existing contractual duty (Stilk v Myrick). Finally, consideration cannot be a part of money to instead of full term (Pinnel’s case).Consideration mean promissor use the price in swap off the commitment of so through something. Consideration need to require the contract whether binding. Both of these parties need to reach an agreement under the law binding. If the parties are not accept the offer in the agreement, however the offeror can quit the contract with no any problem. (Williams v Raffrey Brothers).
(iv)Intentions: Intention to create legal relations (I.T.C.L.R) is defined as a purpose to enter a lawfully authoritative understanding or contract. The intention of establishing a legal relationship is one of the obligatory factors to form a contract. This intention i be made up of the preparation of a legal sequence by which a party to accept the agreement.
It is eventful to notice that not every agreement results in a binding contract that can be forcibly by the courts (Merritt v