(uk) please help me answer this contract law question? ?
Find answers to your legal question.
(uk) please help me answer this contract law question? ?
|
In november, nicky opened a florist's shop. Her friend oliver, who ran a van hire business, asked nicky if she was interested in buying one of his vans for £6000. Nicky said that she was going to an auction to buy a van but if she was unsuccessful she will contact him. A week after nicky wrote to oliver stating that she would buy the van if oliver would take £5500 because she cannot afford to pay more. Oliver wrote a letter back stating 'I cannot afford to sell the van for less than £6000 but if you buy it for that price I will fit a sound system as I know you like listening to music when you drive'.
On 27th november, nicky posted a letter to oliver saying 'I will buy the van for £6000. Thank you for suggesting the sound system, It will give me a lot of pleasure. Shall I collect the van or will you drive it to my shop?'
The next day, 28th November. nicky received an email from oliver saying that he was not going to sell the van to her because a customer had offered him £6750 and he had accepted the offer because he knew it was more than nicky was prepared to pay.
Oliver received nickys letter (which she posted on nov 27th) on 29th november.
ADVISE NICKY AS TO WHETHER SHE ENTERED INTO A LEGALLY BINDING CONTRACT WITH OLIVER IN RELATION TO THE VAN.
thank you for your help:)
|
 
|
DT
|
No. At no point in the negotiations was there ever a *consensus in idem*. An offer to treat does not constitute a binding contract. Property in the vehicle had not transferred at the time Oliver (still the lawful owner) accepted an unconditional offer to purchase at a higher price. Only if the letter had arrived before the higher offer, and been formally accepted, would there be a contract binding on both parties. |
|
V.T.V.RAM
 |
The letter of Oliver stating that 'I cannot afford to sell the van for less than £6000 but if you buy it for that price I will fit a sound system as I know you like listening to music when you drive' is an offer and the reply of nicky dated 27th November stating 'I will buy the van for £6000. Thank you for suggesting the sound system, It will give me a lot of pleasure. Shall I collect the van or will you drive it to my shop" is an acceptance of the offer and hence there is a concluded contract . The mail dated 28th November which was sent after the contract was concluded is not valid. Hence nicky can insist for specific performance of the contract. |
|
Karen M
|
as Oliver did not receive the letter in time there is no binding contract. |
|
John G
|
there is no binding contract in this situation |
|
|
|
|
|
 Does anybody know how a 17year old can get legal work experience abroad (preferably New York) for summer 2009? |
| I need to find a work experience placement by February next year, and love the idea of working abroad in like America or Europe within the legal sector- preferably a law firm- however I have no idea ... |
|
 Lawyers, can I interview you? |
I have a few interview questions, it will only take a while. Please :-)
If you answer yes, I will send you the interview questions and you can mail me back.
Thank you, your help ... |
|
 Are there any career options after law school that doesn't involve arguing in a courthouse? |
| I'm considering law school but the idea of standing up in front of a judge and jury and presenting a speech is highly unappealing. Are there any career options after law school that doesn't ... |
|
 I only worked 3 hours yesterday. I'm a full-time employee. Did my employer break the law for sending me home? |
| So here's the details. I live in california. I'm a full-time employee at a restaurant. We have a split break. Which means we close at a certain time and open again later the same day. But I ... |
|
 If your employer does not notify you of a weekly schedule, when is it assumed you are no longer working there? |
| As a part time employee. Boss has not given a schedule for THIS week, and its already Tuesday. There is no written contract. At what point do you assume you are terminated? Phone calls have been made,... |
|
 If a dent did work & did not bill can another dent. that took over the prac bill 3-4 yrs later legal bill me? |
| 1st dentist was an acquaintance, did the work, ins pd, did not bill for bal. 3 yrs later 2nd dentist that took over the practice is trying to bill me...can he legally do ... |
|
 [[PLEASE PLEASE HELP!]] Lawyers and Dentist........? |
| I really need help with this. I really want to be a dentist. This has major pros to me because there is a huge shortage of dentists and It's just something that I would enjoy doing very much. T... |
|
 Who has seniority??????? |
| I started working at a department store 1 year ago. My friend Stella was hired at the same place in the same department exactly one week before me. But since then, she has been away on sick leave ... |
|
 I have second thoughts about my employment contract and want out!? |
| I signed an employment contract in haste and in the folly of my youth did not read the fine print - I will be paid 65% less than I can be paid at other places. (I already have another job which pays ... |
|
 What can I do to get my last salary that W.H.Smith still hasn't paid after 2 months of my resignation? |
| I was working weekends at W.H.Smith as a shop assistant. After work, on Sunday the first week of the month, I handed in the resignation. My manager promised that at the end of the month I will be ... |
|
 Requiring a manicurist to be there with no pay? |
| i work at a salon in southern california, and i am on commission. when i was hired they SWORE there were tons of walk ins and people calling constantly for appointments. my last check, for 2 weeks of ... |
|
 Is it legal in Sweden for employers to discriminate against applicants that don't speak Swedish? |
I know it's common sense, but if I am capable of doing the job without talking, and can understand emergency Swedish, isn't there an EU law that prevents discrimination?
Additional D... |
|
 Getting an aba-certified paralegal certificate (from sfsu) post-grad a good idea? |
| so i finished my undergrad with a b.a. in economics in the summer. but my gpa is horrible so i can't really apply to grad school. i'd like to get my mba, but i dont have work experience ... |
|
 Need your opinion; Basis for lawsuit? |
| Okay about 3 years, my aunt and I set up a checking account with X bank because I received a check from a company. Well the check turned out to be fraud. The bank couldn't do anything to me ... |
|
 How much would i make being a lawyer? |
| Ive like always wanted to be a lawyer because idk i just like to argue or defend someone and help them out to win a discussion. but i know the payment ranges from how many times you "win". ... |
|
 What is an area of law where you have to work to prove your point, as opposed to following procedure...? |
| I'm not sure how to describe what I mean but besides Criminal Defense, what are other areas where most of the work stems from looking for evidence to prove your point rather than simply ... |
|
 If your a paralegal can you interview a client? |
| Here is a little ex: the lawyer u work for made an appointment to have a potential client come in for a consultation and the lawyer asks u to come in and tells u to interview the client while the ... |
|
 If im 16 how late can i work till on a sat? ? |
during a school year?
Additional Details
i live in ... |
|
|
No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
