Contract Law 1.

Contract Law 1
CONTRACT LAW
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Contract Law 2
QUESTIONS:
Question 1: 4 marks
Brendan enters the Clayton Books store intending to buy a copy of a book called
‘The Tactical Use of Elephants in Warfare by the Ancient Greeks and Romans’ which
he has seen in the window. When he asks Carla, the shop assistant, she tells him
that she has sold all the copies of the book and that even the copy in the window has
already been sold. She suggests that Brendan might find something similar in the
history section in the back of the shop.
Brendan looks through the shelves and finds a copy of the exact same book which
was in the window and which he wishes to own. He takes it to Carla with the correct
money but she still refuses to sell him the book.
Using Contract law principles only discuss whether Carla was legally entitled to
refuse to sell the book.
Carla was legally entitled to refuse to sell the book.
Offer is an essential element of a contract and the absence of it means a contract is prima
facie void (Furmston, Cheshire and Fifoot 2012). Brendan’s action of taking the money for
the book to Carla amounts to an acceptance. However, Carla did not make any offer for the
book. Instead, the placing of the book in the window was an invitation to treat as it was with
the suggestion that Brendan could find something similar to the book in the history section of
the shop. An invitation to treat is not an offer but rather an expression of willingness to
negotiate (LegalMatch n.d.). Therefore, by the time Brenda found the book, no offer had been
made and there was no course for an acceptance. Without an offer, an agreement is
unenforceable (Peel 2015). Carla had the option of either making an offer or not.
Question 2: 14 marks
On the 4th of February Edward posts a letter offering to sell certain goods to Greg.
On the 7th of February Greg receives this letter and accepts the offer by posting his
reply that same day. On the 9th of February Greg changes his mind and sends an
email to Edward telling him he is not interested in buying the goods, and asked
Edward to ignore the letter of the 7th when it arrives. Greg’s letter was delivered to
Edward on the 11th.
(a). Advise Edward as to whether he has an agreement with Greg. 5 marks
Advise to Edward on Whether He Has An Agreement With Greg
Edward has an agreement with Greg. Edward made the offer to Greg on the 4th of February
and Edwards accepted the offer. Under the posting rule, acceptance to an offer takes effect
when a letter is posted (LawTeacher 2013). With this regard, Greg’s acceptance to buy the
goods via the post reply on 7th of February effected the contract. Therefore, when Greg
decided to send an email of revocation on 9th of February, his actions did not in any way
affect the nature and position of the contract. Besides, the only acceptable revocation would
have been sending the email of revocation before the posting of the letter of acceptance