Question
Acting through its representative Paul, Eva made a job offer to James via email on 13 December. The offer stated that the starting date of
Acting through its representative Paul, Eva made a job offer to James via email on 13 December. The offer stated that the starting date of the employment would be 01 February of the following year. James wanted to accept the offer, but he only wanted to start on 15 February. On 28 December Eva email James again, urging him to respond to the offer 'by the end of December'. On 29 December, Eva sent James an SMS stating that the offer would lapse unless he accepted it before the deadline. On the evening of 29 December, James sent an email to Eva stating that he accepted the offer but explaining his difficulty with the starting date of 01 February and proposing that the starting date be changed to 15 February. Later the same night, James sent an SMS to Eva stating, '[h]ave responded to the affirmative through a letter emailed to you this evening....' The email never reached Eva's representative Paul's inbox, although the SMS did. Eva did not regard the SMS as a valid acceptance by James and gave the job to someone else. Discuss whether the job offer was validly accepted by James thereby giving rise to a valid contact of employment.
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