ELECTRONIC SUBMISSION OF AN INDIVIDUAL ASSIGNMENT
“BUSINESS SCHOOL COURSEWORK FEEDBACK SHEET”
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“Student number”
201408920 “Date
16/05/2017
“Module Title”
Business Law and Ethics
“Assignment Title”
Advise Neil with regard to the law relating to offer and acceptance.
“Module Code”
26359
“Your Word Count”
1041
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“First Assessor’s Initials”
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Advice to Neil on the law relating to
Offer and Acceptance
In order to advise Neil, it is necessary to consider the law relating to offer and acceptance.
Neil offers to sell his care to James for £5000, this is likely to be considered an offer. (Carlill v Carbolic Smoke Ball Company 1893). An offer can be defined as “One of the parties, the offeror, making an offer by proposing a set of terms with the intention that these terms will form a legally binding agreement if they are accepted by the party to whom they are proposed, the offeree (Macintyre, 2012). James’ reply of “I will buy it if I can raise the money” is likely to render the offer incomplete and not binding due to the acceptance contemplating further conditions having to be considered (Chen-Wishart 2010). This statement may be seen as vague due to James not being certain he can raise the funds to buy Neil’s car (Gunthing v Lynn 1831).
Even though Neil made a verbal offer to James, Neil requested way of acceptance by notice of writing by Saturday 7th June. Whilst Neil promised not to sell the car to anyone else before Saturday he is under no legal obligation to uphold his promise as James has not left a deposit of any kind for the car (Routledge v Grant 1828). An offer can be revoked at any time before acceptance.
On the 4th of June Neil decided (after not hearing from James) to advertise his car in the local newspaper. In certain circumstances an advert would most likely be considered as an offer (Carlill v Carbolic Smoke Ball Company 1893). However, in view of the wording within the advert, £5000 or nearest offer, it is more likely to be considered an invitation to treat. (Partridge v Crittenden 1968). An invitation to treat is an expression of willingness to negotiate, when an individual addresses a statement of making an invitation to treat there is no intention to be bound by it as soon as it is accepted (Burro...
