Is There An Offer?

805 WordsMar 14, 20164 Pages
Is there an offer? An offer is a clear indication by one person to another person of the offeror’s willingness to enter into a contract with the other person (the offeree) on certain stated terms upon acceptance of the offer by the other person. There is an offer because it is not a statement of intention, mere supplying of information, invitation to treat or mere puff. The offer was addressed to all Contracts Students. How many tickets is Ronan liable? In his first email, Ronan mentioned that he had three tickets and therefore three contracts had arisen from the second he sent the email to the students. Under s14D of the Electronic Transactions Act 2000 (NSW), Ronan had the right to withdraw the email but he didn’t have the right to terminate the contracts. He should be liable for the third ticket as shown in Patterson v Dolman [1908]. In Patterson, the defendant made three identical offers to two people and they both accepted the offer but only one received the stack of hay. The plaintiff sued for breach of contract. The Court held that the defendant was liable in damages for the breach of contract because he could only perform only one contract when there are 2 contracts. Ronan made three offers to the students and a number of students responded to him assuming that there were three tickets. However, Ronan can only perform two of the three contracts. He is therefore liable and may have to pay damages to the third person who is liable for a ticket. Liam Liam responded

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