Questions On Tony Stark And Nick Fury

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Cally Hannah 220142567 LAW171 Assignment Question Word Count 1,736 a) Is there a binding agreement between Tony Stark and Nick Fury? Invitation to treat could be argued to have occurred when Tony wrote letters to known collectors. When Tony, the owner of the artefact, indicated he might be prepared to sell for $7.5 million this could be simply viewed as a supply of information rather than an actual offer to sell. Tony wanted to enter into negotiations. Tony was not making an offer at this stage. Tony wrote letters (not just one letter) in an invitation to treat. Tony however only has one artefact, and therefore could not have supplied to all recipients of his letter. Tony’s letter writing to various known collectors further…show more content…
Although the offer by Tony was via email, it would be reasonable to expect that acceptance might be made by post as this was a form of communication used by Tony to Nick. Tony clearly indicated duration of his offer. His offer was to lapse at a specified time (5pm Thursday 25 June). The offer was still in duration and had not lapsed when Nick posted his acceptance to Tony. However, Nick’s offer was less advantageous to Tony than Natasha’s offer . Natasha’s offer and acceptance concluded before Nick’s. Termination of an offer via revocation can occur if an offer is withdrawn any time prior to acceptance. Whilst Tony did not personally communicate the withdrawal of his offer to Nick when he agreed to sell the artefact to Natasha, there is not a requirement that revocation is communicated personally by Tony to Nick. It could be likely viewed that Nick’s knowledge that Natasha had purchased the artefact could be considered communication of withdrawal of Tony’s offer. A conditional offer with an option can become binding if the offeree gives consideration for the promise, however in this case this does not apply as Nick did not give anything to Tony in return for his promise. Sufficient consideration occurred (promise of money in exchange for the artefact) representing quid pro quo. Intention to create legal relations existed due to the commercial setting (as opposed to

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