Question
1 (a) Avril runs a construction business, whose services she advertises in local print and online media. Belinda contacts Avril to have a shed built
1 (a) Avril runs a construction business, whose services she advertises in local print and
online media. Belinda contacts Avril to have a shed built and provides a description and
drawing of the planned shed. Avril responds by return and quotes a price of 750 in writing,
with the stipulation that the offer remains open for a period of seven (7) days. Belinda emails
Avril within the 7-days period that she will not accept the quotation. A couple of days later,
having had second thoughts, Belinda emails back that she will accept the quotation after all.
Avril emails back that the price is now 900.
State what a contract is, and the conditions for forming one. Then, advise Avril and Belinda
on which contract(s), if any, have been formed in this negotiation and their rights and
responsibilities under such contracts.
(b)
Charlie distributes advertising flyers offering electrical services to homes in the town
of Flitterbug. Darwash contacts Charlie at the email address printed on the flyer seeking
extensive wiring replacement at his home. Charlie replies that any eventual contract will be
made with him, but sends Eddie, an independent contractor, to assess the work needed. Eddie
quotes Darwash 3,500 for the work. Darwash emails Charlie to accept the quotation. He
does not hear back from Charlie, but Eddie phones to confirm that he will start the following
Monday. Eddie completes the work. Darwash receives a bill for 3,500 from Eddie and 500
from Charlie. It turns out that Charlie is not the electrical contractor, but merely an agent who
finds work for other electricians, like Eddie. After turning on the taps in his home, Darwash
discovers that Eddie's work is incompetent and needs to be redone entirely.
Advise Darwash on which contract(s), if any, have been formed and his rights and remedies
in relation to both Charlie and Eddie.
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