Question 1
a) Issue
Whether or not there is an offer to Jack
Principle
It is a principle of law that for a contract to exist, there has to be an offer by one party to another, and an acceptance by the person to whom the offer is addressed.
It is a general principle of law that an offer must be precise and unequivocal, leaving no room for speculation or conjecture as to its real content in the mind of the offeree.
An offer and acceptance can be made expressly or by conduct (implied) e.g a bus stopping at a bus stop implies that the owner of the bus is making an offer to a person waiting at the bus stop. If that person enters the bus, he accepts the offer by his conduct.
In the case of Nigerian National Supply Company Ltd V Agricor Incorporation …show more content…
In Felthouse V Bindley (1862) 7 LT 835; 142 E.R 1037 the plaintiff made a written offer to buy his nephews horse for 30 pounds 15 shillings, adding that if he did not receive a reply from the nephew he would assume that his nephew had accepted the offer. The nephew intended to accept but took no other action to demonstrate this except to request an auctioneer of his farm property to reserve the horse in question during the action. The auctioneer forgot to carry out the instruction and auctioned the horse along with the othe lots. The plaintiff brought an action for conversion against the auctioneer. Success in this action depended on whether the nephew had validly accepted the plaintiffs offer, in which case the horse already belonged to him at the time of the auction. Dismissing the suit, the court held that at the time the horse was sold, there had been no valid acceptance by the nephew to the plaintiffs offer. Though the nephew “in his own mind’’ intended his uncle to have the horse ,he had not communicated his intension to the uncle nor done anything to bind him self.
APPLICATION
In applying the above principal of law there can only be said to be an acceptance when the offeree has given his consent (which could be either by conduct or implied ) as was held in FELTHOUSE V BINDLEY (SUPRA)
Conclusion
Jack as who has accepted the offer made by jane was validly accepted by jack it can therefore be said that , there is an enforceable agreement between jane and jack
a) Issue
Whether or not there is an offer to Jack
Principle
It is a principle of law that for a contract to exist, there has to be an offer by one party to another, and an acceptance by the person to whom the offer is addressed.
It is a general principle of law that an offer must be precise and unequivocal, leaving no room for speculation or conjecture as to its real content in the mind of the offeree.
An offer and acceptance can be made expressly or by conduct (implied) e.g a bus stopping at a bus stop implies that the owner of the bus is making an offer to a person waiting at the bus stop. If that person enters the bus, he accepts the offer by his conduct.
In the case of Nigerian National Supply Company Ltd V Agricor Incorporation …show more content…
In Felthouse V Bindley (1862) 7 LT 835; 142 E.R 1037 the plaintiff made a written offer to buy his nephews horse for 30 pounds 15 shillings, adding that if he did not receive a reply from the nephew he would assume that his nephew had accepted the offer. The nephew intended to accept but took no other action to demonstrate this except to request an auctioneer of his farm property to reserve the horse in question during the action. The auctioneer forgot to carry out the instruction and auctioned the horse along with the othe lots. The plaintiff brought an action for conversion against the auctioneer. Success in this action depended on whether the nephew had validly accepted the plaintiffs offer, in which case the horse already belonged to him at the time of the auction. Dismissing the suit, the court held that at the time the horse was sold, there had been no valid acceptance by the nephew to the plaintiffs offer. Though the nephew “in his own mind’’ intended his uncle to have the horse ,he had not communicated his intension to the uncle nor done anything to bind him self.
APPLICATION
In applying the above principal of law there can only be said to be an acceptance when the offeree has given his consent (which could be either by conduct or implied ) as was held in FELTHOUSE V BINDLEY (SUPRA)
Conclusion
Jack as who has accepted the offer made by jane was validly accepted by jack it can therefore be said that , there is an enforceable agreement between jane and jack