In seven pages this student submitted case study is examined within the context of English law. Two sources are listed in the bibliography.
Name of Research Paper File: TS14_TEconoff.rtf
Unformatted Sample Text from the Research Paper:
concerned involve offer and acceptance and the way in which these may or may not have occurred. In looking at the case we first need to look at the order
of events and where there were offers and counter offers and at which stage there may be an acceptance. A write to B with an offer of ?2,500, however
there is a term within this offer that states that this offer is for the car if it is good condition. The car is not in good condition. For a
contract to be formed the next communication needs to be an acceptance. The qualification of an acceptance is that it is clear and unqualified acceptance of all terms. The reply
by B appears to be an acceptance with the words "I agree" but there is not an unequivocal acceptance, there is an additional term included, that of the need to
undertake some more work on it to place it in a condition to be sold, and that the agreement is to sell the car at this stage. Therefore, this will
be seen as a counteroffer. This is supported with the case of Hyde v Wrench (1840) 3 Beav. 334 where a change in any term constitutes a counter offer (McKendrick,
2000). This also kills the initial offer. Another case that may be sited is that of Butler v Ex-cell-O Corp (England) Ltd [1979] 1 WLR 401.
It may also be argued that there were no material changes only a few additional or different changes. This itself may then be seen
as an acceptance unless there is an objection form the offeror to the change. It is usual for the changes to be iunterpeted as a rejection and a counter offer,