How Much Is Brie Required Pay Kelvin For The Fridge?

1653 Words Sep 19th, 2016 7 Pages
• How much is Brie required to pay Kelvin for the fridge?
Was there an initial contract at $15k formed before the discovery of the new price?
An invitation to enter into negotiations or a request for tenders is merely an invitation to treat. From the outset, Brie has clearly made an invitation to treat to Kelvin as she requested for a quotation, providing details of the model, and intended to entering business. Kelvin then replied with an offer in the form of quotation, expressing his willingness to enter into a contract with provided terms, costing Brie $15,000 and promised to deliver and install the fridge by July 2016. Generally, an agreement is formed when acceptance is communicated to the offeror and is objectively replying on the offer. As such, Brie has accepted the offer by emailing Kelvin in reliance on the quote, and an agreement has formed.

The doctrine of consideration requires two elements to be satisfied: benefit/detriment and bargain. Firstly, Kelvin is obliged to install the required fridge on-time at Brie’s cheese shop, which assists Brie in the operation of her business. In return for the promise to satisfy quid pro quo, Kelvin receives the benefit of $15,000 in the sum of money paid by Brie. The above two elements constitute sufficient consideration.

Traditionally, transactions in the commercial world have been approached on the basis that the parties are presumed to create legal obligations and the creation of meaningless documents are unthinkable.…
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