Is The Mirror Image Rule?

1997 Words Jan 16th, 2015 8 Pages
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ADVICE________________________________________
The facts quote that Kate never disputed that she owed £ 2,500 to Orlando which show unqualified acceptance of the offer of Orlando. This is the mirror-image rule which says that an acceptance has to be defined as final expression of assent of exact terms of an offer.
Determining Intention
It may be that the promisor never anticipated that the promise would give rise to legal obligation but if a reasonable person considers that there existed an intention to create a legal relationship, then the promisor is bound.
In favour of the seller (Orlando) on the principle of reduced consideration in a pre-existing duty
In the case of Foakes v Beer the facts entailed that the defendant had agreed to forgo her interest against the plaintiff if he paid her the principal sum and later when the defendant instituted a suit demanding the interest, House of Lords held that since the plaintiff had antecedent obligation to pay the whole debt, the indulgence of the creditor to pay a part of it does not discharge him of the obligation to pay the whole of it. According to the Court, the variation in the terms of the contract arose out of the old consideration hence there was no consideration for the new arrangement. In Pinnel’s case, it was held that payment of a lesser sum of money in satisfaction of a greater cannot be any satisfaction for the whole of the debt. This argument is justified by the Court…
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