Contract Law Essays

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Contract Law On Monday Samantha offered to sell her oboe to Penny for £1,000. Penny replied “I will buy it if I can raise the money”. Samantha promised that she would not sell the oboe to anyone else before Saturday, and added that Penny could collect the oboe at any time before noon on Saturday. On Wednesday, Penny phoned and left a message with Samantha’s daughter, Anne, saying that she had got the money and would collect the oboe on Saturday morning about 10.30am. Anne forgot to tell her mother about the phone call. On Thursday morning Samantha was entertaining friends and discussing the sale of her oboe. Gillian was interested and offered to buy the oboe for £1,300. Samantha…show more content…
If this were to be considered such, then the acceptance would not necessarily be binding. Samantha then promised that she would not sell the oboe to anyone else before Saturday and added that Penny could collect it anytime before noon on that day. Then on Wednesday, there is a phone call from Penny hoping to reach Samantha to tell of confirmation of accumulating the money required to purchase the oboe. Unfortunately, Samantha was unavailable and her daughter Anne took the phone call. Penny left a message with Anne that she had the agreed sum of money and would collect the oboe on the agreed day at 10.30am, in this case the Saturday of the same week. Anne then forgot to tell Samantha about the message. Could this still be taken as acceptance of the offer by Samantha? Penny had passed on the acceptance, but it was to Anne, not to Samantha. On the Thursday, Samantha was entertaining friends and the subject of the sale of the oboe came into conversation. One of her friends, Gillian, was interested and offered Samantha £1300 for the oboe. Samantha was obviously very happy with this offer, as it was £300 over the amount she had offered Penny. She accepted the offer from Gillian and a contract was formed. In any other circumstances, this would be a very simple and straightforward contract, but due to outstanding issues with Penny, shadows were cast over its legitimacy. If

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