Legal Advice on Refusal to Take Wheat

BUSINESS LAW
STUDENT ID:
[Pick the date]

BUSINESS LAW
Issue
The key issue is to offer a legal advice to Robert about the case where Cameron refuses to
take wheat from Robert.
Rule
Offer and Acceptance
An agreement between the parties is an essential element for contract enactment. Legal offer
and acceptance are the two main factors of valid agreement. Offer is directed on the part of
the offeror to the offeree. The offer would be considered as legally enforced when it reaches
to the concerned offeree. When the offer is received by the offeror, then it is essential that
the offeree must communicate his/her acceptance for formation of agreement (Andrews,
2014). This is because any mental acceptance or mere silence would not be sufficient for
legal acceptance as evident from Felthouse v. Bindley (1862) 142 E.R. 1037 case. The
acceptance would be enforceable when the offeree accepts the offer without any condition
and communicates the same within the time period specified by the offeror. Further, if the
offeror has not specified any time frame for acceptance the offer, then a reasonable time
would be taken into consideration that a reasonable person would take under the existing
circumstances (Gibson and Fraser, 2014). Also, it is imperative that the offeree must
communicate the acceptance through the communication mode specified by the offeror. It
means if the offeror has specified to use instantaneous modes to convey the acceptance, then
it is essential for contract formation that the offeree uses instantaneous mode only. The
acceptance through instantaneous mode which is received by the offeror would be
enforceable irrespective of the fact that the offeror has read it or not as evident from the
verdict of Brinkibon v Stahag Stahl House of Lords [1983] 2 AC 34 case (Davenport and
Parker, 2014).
Postal Acceptance Rule
This is traditional mode of conveying the acceptance towards offer. According to this rule,
the acceptance becomes enforceable and contract would be enacted between the parties when
the offeree placed the acceptance letter into post box. The verdict of Adams v Lindsell (1818)
B & Aid 681 is the testimony of this. The event of the acceptance letter reaching the offeror
and the underlying time involved in the same is immaterial (Carter, 2015).
Counter Offer
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