M1 Week 4 Business Law Assignment
Contract Law – Formative Assessment
Alex would be suing Betty for a breach of contract. He would only succeed if he’s able to prove that a contract was in place. A contract can be defined as “a written or spoken agreement that is intended to be enforceable by law.” In order for it to be formed, agreement must take place and it can be broken down into two elements. Firstly, an offer. This can be described as an expression of willingness to contract on clear terms, with the intention that it will become a binding contract when it has been accepted. The second is acceptance, which can be defined as the unqualified expression of assent to the terms of an offer.
Betty placing an advertisement in the Ealing advertiser for her BMW is clearly …show more content…
As explained in the definition of acceptance provided above, Alex saying he would pay the £11 000 is an unqualified expression of assent to the terms of Betty’s offer. In order to be successful . He would need to prove that he accepted the offer. In this case we must consider the postal rule, which is important in determining whether acceptance has taken place. The postal rules states that “a letter of acceptance provided, that it is correctly addressed and stamped, takes effect when posted.” (Adams v Lindsell). In order for the Postal rule to take effect, it must be found in this situation that it was reasonable to use the post. In this case, because Betty’s offer to Alex was sent by post it can be considered reasonable for Alex to use the same means of communication. Lastly in order for this rule to take effect there must be no exclusion of it in Betty’s offer. By her telling Alex to “let her know” she has been vague regarding the means he should use to respond to her offer. It can be argued that the postal rule was in effect, which means that as soon as he posted the letter, even though she had not received it, placing his acceptance in the post meant that there was a fictional meeting of minds, which concluded the offer and gave effect to the
Alex would be suing Betty for a breach of contract. He would only succeed if he’s able to prove that a contract was in place. A contract can be defined as “a written or spoken agreement that is intended to be enforceable by law.” In order for it to be formed, agreement must take place and it can be broken down into two elements. Firstly, an offer. This can be described as an expression of willingness to contract on clear terms, with the intention that it will become a binding contract when it has been accepted. The second is acceptance, which can be defined as the unqualified expression of assent to the terms of an offer.
Betty placing an advertisement in the Ealing advertiser for her BMW is clearly …show more content…
As explained in the definition of acceptance provided above, Alex saying he would pay the £11 000 is an unqualified expression of assent to the terms of Betty’s offer. In order to be successful . He would need to prove that he accepted the offer. In this case we must consider the postal rule, which is important in determining whether acceptance has taken place. The postal rules states that “a letter of acceptance provided, that it is correctly addressed and stamped, takes effect when posted.” (Adams v Lindsell). In order for the Postal rule to take effect, it must be found in this situation that it was reasonable to use the post. In this case, because Betty’s offer to Alex was sent by post it can be considered reasonable for Alex to use the same means of communication. Lastly in order for this rule to take effect there must be no exclusion of it in Betty’s offer. By her telling Alex to “let her know” she has been vague regarding the means he should use to respond to her offer. It can be argued that the postal rule was in effect, which means that as soon as he posted the letter, even though she had not received it, placing his acceptance in the post meant that there was a fictional meeting of minds, which concluded the offer and gave effect to the