“On letter to Charlotte telling her that she could

 “On Thursday, Kelly
was invited by Jake who said that he would pay £500 for the piano. Now this is
a valid offer made by Jake to Kelly who can either choose to accept or reject.
Because Kelly wasn’t in a binding contract with charlotte, she accepts the
offer. Kelly is able to revoke because charlotte still hasn’t told her that she
has the money. However, what Kelly needs to do now is communicate the
revocation to charlotte which indeed she does. Revocation is basically
withdrawing your offer at any time before acceptance occurs from the other
party as in the case of (Routledge vs grant 1828). “Later
that day Kelly posted a letter to Charlotte telling her that she could not have
the piano”. According to the corporate and business law text book “the offeror
may revoke their offer at any time before acceptance. If they undertake that
their offer shall remain open for specified time they may still revoke it
within that time.” For the revocation to be valid it has to be communicated.
However, if there’s a deposit put down a and you want to revoke, you will not
be able to and therefore, you would have to wait for the deadline to lapse.
Furthermore, it is important to note that revocation in writing is only valid
when it’s received by the party before they communicate their acceptance. Acceptance
must effectively be communicated when the offeror receives notice. In this
scenario, a method of acceptance was not specified by post, this was done
through a third party which was Kelly’s daughter, Leah, saying
that “she had got the money and would come to collect the piano on Saturday
morning.  Leah forgot to pass on the
message”. Kelly is now bound by the acceptance even if her daughter did not
communicate the acceptance to her.  (Byrne
vs Leon Van Tienhoven 1880) and (Routledge vs
grant 1828). These two
cases are important because they both relate to charlotte’s situation regarding
revocation; the former withdrew his offer and the latter revoked but the letter
of revocation could not take into effect until its received. “Pat, the postman,
delivered it to the wrong address and Charlotte, who never received the letter,
appeared with a hire van to collect the piano at 10 o’clock on Saturday
morning”. Here, unfortunately, the postal letter is not reached to the party she
wished to notice, therefore revocation is not valid. In this case, Kelly is in
breach of contract. Breach of contract occurs when where one of the parties
hasn’t performed what they promised to do in the initial agreement. Thus, Kelly
would be held accountable for the expenses suffered by charlotte and any other
losses because she had a duty of care towards charlotte

In
the case of Brinkibon Ltd v Stahag Stahl (1983) when an oral
conversation takes place between two parties; acceptance comes into effect when
the attention is actually brought to the offeror, as in the case of Kelly and
Charlotte. Thus, the court may find that agreement was reached at this point as
we are told that Kelly promised not to sell the piano to anyone else until the
agreed deadline so that charlotte could attempt to raise the money. However, here,
charlotte is adding a condition to the acceptance and the rule states that if
you add a condition to your acceptance you would be making a counter offer. “A  counter offer is not an acceptance and has the
effect of destroying the original offer”. (Hyde v Wrench 1840).  The fact that charlotte stated that she will
buy the piano if she could ‘raise the money’ introduces uncertainty and leaves
the terms open to negotiations and bargaining. This suggested that both parties
were intending to form a legally binding contract. So far, they only agreed on
a proposal to enter into a contract at a future date. (Foley v
Classique
Coaches Ltd 1934).

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?  By
Conduct (Carlill v The Carbolic Smoke Ball Company 1893)

?  Written

?  Oral

In
addition to that, the offer was made open to charlotte till noon on Saturday
and this was communicated orally. In return charlotte had also put up her
consideration towards the formation of the contract by replying “I will buy it
if I can raise the money”. Acceptance has to be communicated and unconditional.
“Acceptance is the unqualified and unconditional assent to all the terms of the
offer”. It can be done in the following:

The person who makes the offer is called the offeror, and the
person to whom the offer is being made is called the offeree. We can see that
there was no designation as to the presence of a valid offer because Kelly
clearly “made an offer to sell her piano to charlotte for a specified sum of
money (£500)”.

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