The Contract Will Stand Between Ben And Colin Essay

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Defined by MacQueen and Thomson, a contract is: “… an agreement between two or more parties having the capacity to make it, in the form demanded by law, to perform, on one side or both, acts which are not trifling, indeterminate, impossible or illegal." . While drunk on a stag night out in Glasburgh, Ben bought a 1970s London-style Routemaster for £57,000. Which on the following morning he said that did not mean to order the vehicle, but Colin (the seller) insisted on the deal. To determine whether the contract will stand between Ben and Colin, as defined by MacQueen and Thomson, the essential features of contract formation, together with the intention to create legal relations and his contractual capacity will need to be examined.

The first important issue that would have to be tackled is that of contract formation. Was there an offer and a relevant acceptance of that offer? To begin with, it needs to be determined whether there was an offer. Ben bought the bus through the ‘garthdon-jumbles.eu’ website and despite a price being displayed the initial advert was an invitation to treat. An invitation to treat is “when the person who made the invitation to treat is not obligated to accept the offer in the absence of a promise to do so” . The invitation to treat was only then made into an offer when Colin sent an email of acceptance saying: “Hello Ben! Thank you buying the Routemaster! I confirm that I accept your offer to buy the vehicle for £57,000. When can I expect you to
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