Essay about The Case Of Kelvin 's Quotation
An offer must include an intention to be bound combined with final and certain language that requires no further communication other than acceptance. This is distinguishable from an invitation to treat, which is an invitation to others to make an offer. This distinction is based on the facts of the case. Kelvin’s quotation is the offer, because it included all the necessary details such as price and delivery date, which makes it necessary only for Brie to communicate her acceptance of the quote. While Kelvin could argue that a quotation does not signify an intention to be bound, the law states that the intention is discerned from whether a reasonable person would believe it was an offer. A reasonable person would have found Kelvin’s quotation to be an offer to Brie because that is how business is commonly conducted when contracting for services. Additionally, the courts have found that a quotation for a machine-tool is an offer, factually analogous with the quotation for a fridge in this case.
It is also distinguishable from an invitation to treat because looking at the facts of the case, Kelvin’s quotation was addressed and not generally accessible.
The law of acceptance requires an objective assessment as to whether a reasonable person would believe the conduct of the parties constituted acceptance and therefore a concluded bargain. This is often done through writing, and in the case of electronic communication, the acceptance occurs as…