The Prague Spring Trio, And Alex

1379 Words6 Pages
Introduction In establishing an enforceable contract it must first be held that there is an agreement between the ‘Prague Spring Trio’ (PST) and Alex. In order for an agreement to be upheld, there are two elements which must be established. First, it must then be identified that an offer was made by one party and a second party accepted this offer. Secondly, a contract comes into existence once the acceptance of an offer has been communicated to the offeror. Therefore, this assignment will discuss and advise whether Alex made an offer to the PST and whether the band accepted this offer by communicating it to Alex. Additionally, whether any consideration has been provided, and whether the circumstances lead to the application of…show more content…
The advertisement is classified as an invitation to treat. An offer is distinguished from an invitation to treat as it allows individuals to provide offers or enter into negotiations. Similar to that of Pharmaceutical Society, the offer is when Alex applied for the saxophonist position, comparable to when the customer picks the bottle of medicine from the shelves and places it on the cash register. This does not amount to acceptance, it is merely an offer of which the band has discretion to negotiate terms or reject the offer. Acceptance Acceptance is assessed on whether there was a ‘meeting of the minds’ and that the acceptance corresponds with the offer. This is taken as an objective approach and can be concluded that acceptance has occurred where a person conducts themselves in such a way that a reasonable person would believe that they were assenting to the terms of the contract. PST had sent Alex a telegram informing her that she was the successful candidate, alongside having correspondence via mobile in which PST informed Alex to come to the rehearsal, which in accordance with the advertisement ensured Alex would receive an all expenses paid trip. This suggests that Alex’s offer was accepted by the band, and the band’s conduct in telling Alex where rehearsals were being held, along side an additional promise of $2000 at the rehearsal, would insinuate to a reasonable person that acceptance had occurred. Under this
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