Question
Chris runs a small company and had a contract with Web Warriors Pty Ltd to supply computer services for Chriss business at $200 a month.
Chris runs a small company and had a contract with Web Warriors Pty Ltd to supply computer services for Chriss business at $200 a month. The contract was to expire at the end of December 2021. Before the expiry of the contract Chris said he would pay $400 a month for the next six months so that Web Warriors Pty Ltd could upgrade the cloud services for storage of data and documents.
Web Warriors continued to perform the maintenance work on the computer system but failed to upgrade the cloud services within the six months. For that six months Web Warriors invoiced Chris at $400 a month which he paid.
When Chris asked why the cloud system had not been upgraded Web Warriors said they had not completed this work as there was no agreement because Chris had not specified which cloud system he wanted.
Advise Chris;
a) If there was acceptance to form the second contract?
b) Are there any cases that support your answer?
c) What evidence is needed to show there is a second contract?
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