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Questions On The 's ' The ' Of A His Car '

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QUESTION 1: To define an offer Arthur puts an advert in to sell his car. This portrays an invitation to treat by the offeror, which is defined as “An invitation to treat is not an offer that is capable of being accepted by the other party. The party making the first statement envisages further negotiations before a contract is formed,” (Jones, 2011, p92). In the case of Partridge v Crittenden (1968) the defendant was charged for unlawfully selling a live bird. This was not accepted because advertising is an invitation to treat and does not indicate a sale. On Monday, Arthur writes to Sasha with an offer of £4,500. This becomes a contract when there is acceptance by the other party. “A contract is an agreement between two parties by which …show more content…

The owner then tried taking back the house, this was not granted as the money given was satisfactory consideration. In this case there is consideration in the contract as the car will be exchanged for its value in money. On Tuesday Sasha writes a cheque for the amount of £4500, which she posts that night. There must be intention to create legal relations between the parties, this term is affected by contractual capacity. Edward vs Skyways Ltd (1964) demonstrates a casual exchange may still be binding and legally enforceable. The defendant decided to make a payment to the claimant as he was not taking out his full pension. However later the defendant refused to pay the amount, this was not accepted. Contractual capacity is described as people such as drunks, persons with mental disorders and minors, which do not acquire legal power and have ability to form contracts, (Jones, 2011, p125). In the case of Fawcett vs Smethurst (1914) a minor hired a car, the terms included him responsible for damage. The contract was unenforceable as the term making him liable regardless of whether it was his fault was difficult to implement. In this scenario by posting a cheque Sasha demonstrates she is aware of the consequences and accepts she is in a fit state to enter into this contract. This action is acceptance of the offer and there is a valid contract between Sasha and Arthur. The postal rule applies to this situation, the case of Adam Vs Lindsell (1818)

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