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Contract Law - Help me with offer and acceptance problem question (10points)?

Corporate Law Discussions

Contract Law - Help me with offer and acceptance problem question (10points)?

Postby advent » Tue Apr 13, 2004 9:30 pm

A needs money so she published in a weekly newspaper on Monday 1st February the following advert:

Selling Dior and Gucci bags for the highest bid over $100. Bids must be notified to me in writing by fax, post or email by 2:00pm on Friday 20th February.

On the 5th February, A changed her mind and published another advert in the same newspaper stating the Dior and the Gucci bags are no longer for sale.

L seeing the advert published on the 1st February and not seeing the later one, emailed A on the 5th asking if the bags are a size X and if they are she will buy them for $150. A, however, read the email on the 7th February at 10:00am

J, did not see the second advert and so wanted to buy the bags for $160. On the 10th Feb, she met A and handed her her bid in a sealed letter to open when she gets home.


Okay..who has a contract with A?

So far..I'm aware that this is a unilateral offer and in L's case communication by email is when the offeror (A) reads and understands the email..plus was L requesting for further information or was it a counter offer?

What about J?
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Contract Law - Help me with offer and acceptance problem question (10points)?

Postby napayshni65 » Mon Jun 27, 2005 4:19 pm

This is a unilateral offer. Neither person has a contract until A accepts their bid.

Seriously, this is common sense. If making a bid created a contract, then everyone in an auction would have equal claim to a single bid item.

L's email was a conditional offer. "If the bags are a size X..." she offers to buy at $150. A could legally accept this offer.
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Contract Law - Help me with offer and acceptance problem question (10points)?

Postby joachim » Mon Jan 26, 2009 10:31 pm

A's "offer" in the newspaper is NOT a contractual offer to sell. It is a request for customers to make a contractual offer to buy. This is why stores who run out of stock aren't required to compensate customers for this.
Customers make the initial offer. The contract only exists when A agrees to it.
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Contract Law - Help me with offer and acceptance problem question (10points)?

Postby thom » Fri Dec 23, 2011 6:15 am

A needs money so she published in a weekly newspaper on Monday 1st February the following advert:

Selling Dior and Gucci bags for the highest bid over $100. Bids must be notified to me in writing by fax, post or email by 2:00pm on Friday 20th February.

On the 5th February, A changed her mind and published another advert in the same newspaper stating the Dior and the Gucci bags are no longer for sale.

L seeing the advert published on the 1st February and not seeing the later one, emailed A on the 5th asking if the bags are a size X and if they are she will buy them for $150. A, however, read the email on the 7th February at 10:00am

J, did not see the second advert and so wanted to buy the bags for $160. On the 10th Feb, she met A and handed her her bid in a sealed letter to open when she gets home.


Okay..who has a contract with A?

So far..I'm aware that this is a unilateral offer and in L's case communication by email is when the offeror (A) reads and understands the email..plus was L requesting for further information or was it a counter offer?

What about J?
thom
 
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