This 9 page paper considers a case study provided by the student. A single set of chairs are put up for sale in a newspaper, on an internet auction site and offer personally by letter to one recipient. The case examines the different responses gained form the different offers and considers where a contract may be seen as formed and where it has not been formed. The paper is written referring to English law. Numerous cases are cited. The bibliography cites 6 sources.
Name of Research Paper File: TS14_TEoffacc.rtf
Unformatted Sample Text from the Research Paper:
do this she undertakes several strategies, she places an advertisement in the press, places and advertisement in the shop window, puts the chairs for sale on an internet auction site
and also offers them for sale by post to a specific individual. In the end she sells them to a caller in the shop. Each of the scenarios need to
be considered differently. The issue is if some of the agreements can be seen as constituting a contract, if they can, and Ulrika sold the chairs to someone else then
she can be seen as in breach of contract. If there was no contract placer then Ulrika is not liable. There are
two issues here, those of offer and acceptance. A contract has been defined by Sir William Anson as "a legally binding agreement made between two or more parties. By which
rights are acquired by one or more acts or forbearances on the part of the other or others" (Barker and Padfield, 1994). Therefore, a contact needs to have certain requirements
before any form of agreement is deemed to be valid and thereby enforceable, there has to be an offer by one faction or party with an acceptance of the offer
by another party, this is known as Offer and Acceptance (Barker and Padfield, 1994, Ivamy, 2000). Therefore, a contract is in the
traditional view an agreement that requires an identification of a valid offer and a valid acceptance. However, this application has been challenged by the courts in several cases with deciding
issues. In Gibson v. Manchester City Council (1978)1 WLR 520) and Butler Machine Tool co Ltd v Ex-cello Corp Ltd (1979), 1 WLR 401 Lord Denning argued that the