CONTRACT LAW

Contract Law

Contract Law

The offer made by Oscar was posted to the wrong recipient. The recipient accepted the offer. This paper presents whether Oscar is legally bong to this agreement or not. Well, Oscar contractually is obliged to provide the half-price tune-up to Christine.

Legally the contract is bind because acceptance has been communicated and the process of offer and acceptance is completed. Acceptance was defined by Treitel as 'a final unqualified expression of assent to all the terms of an offer'. As with offer, acceptance has to be communicated in order for it to be valid as illustrated by Lord Denning in Entores v Miles Far East Corporation [1955] 2 QB 327 The communication of acceptance can be in writing, orally or inferred from conduct. There can be an acceptance only when there is an offer however. (Beatson, 2010)

The manner in which an acceptance is communicated is important as it might make it invalid. Unless requested by the offeror for a certain mode of communication to be used, in Tinn v Hoffman and Co. (1873) 29 LT 271 it was stated that an equally expeditious mode or more expeditious as the mode used to communicate the offer can be used. In Manchester Dioceasan Council for Education v Commercial and General Investment Ltd [1969] 3All ER 159 Buckay J states: 'I am of the opinion that acceptance communicated to the offeror by any other mode which is no less advantageous to him will conclude the contract.'

In Adams v Lindsell (1818) 1 B & Ald 681 the postal rule was established, the validity of which still stands as shown in modern times by the case of Brinkibon Ltd v Stahag Stahl und Stahlwarenhandelsgesellscaft GmbH [1983] 2 AC 34. The postal rule states that an offer is accepted as soon as the letter of acceptance has been posted. It is not clear whether the postal rule applies to emails as such a case has no precedent. However, there are reason to believe that the postal rule may apply to emails. In the case of Entores it was stated that instantaneous forms of communication are as if they were in each others presence. (Mehren, 1959) This was developed further in the Brimmes case whereby it was decided that instantaneous forms of communication are as if they were in the presence of each other as far as it is within a business day.

Reason of the formation of this contract among Oscar and untended recipient

The most important point when an agreement or contract is formed is when the acceptance is commnunicated.

We have seen that, as a matter of common sense, acceptance must be communicated. This is obviously necessary - how else is the offeror to know that his or her offer has been accepted? We have also seen that this rule can, in appropriate circumstances, be displaced. Besides it would not be acceptance to say that you are looking for the lost dog. Finding the dog is acceptance.

Let us focus now on what is required in those ...