1. Ester and Jasper live in Miami on the Gold Coast and have been planning a trip to Mulgumpin (Moreton Island) for some time. A new ferry service has just started running from Cleveland to Tangalooma. On the morning of 7 March 2023, Ester checks the website of the new company, which states: Mietta's Marvellous Mulgumpin Ferry Service provides its patrons with an unparalleled, world-class maritime experience. In your private cabins, there will be premium food and drinks on offer, plus a range of plush furniture for maximum relaxation and your own personal entertainment suite. The webpage includes several hand-drawn illustrations of the cabins on the ferry. There are 16 cabins, each named after a local species of fish. Below the images, the webpage states: 
2. To enquire about availability and price, do email me at this specified email with the dates you would like to travel and your preferred cabin. Ester thinks the website looks very classy, and although excessive for such a short journey, she feels that it will be the perfect way to start her short trip away with Jasper. At 10:00 am on 7 March 2023, Ester emails the listed address, stating that she would like the Flathead Cabin and wants to travel in early April. She mentions that she is flexible with dates, but she is planning a two-night stay on the island, she will need a return journey two days after the departure date. At 10:30 am on 7 March 2023, Mietta responds saying that the Flathead Cabin is completely booked out for April, but that the Bream Cabin has some availability for the morning departure on 5 April 2023, with a return journey on the evening of 7 April 2023 for an all-inclusive price of $1200 for two persons. She explains that this is a special discount price that is only available if Ester confirms the booking before 5pm that same day. Mietta includes the company's standard "Booking Form" and asks that Ester complete it to confirm the booking. The price is substantially more expensive than Ester was expecting. After discussing it with Jasper, she emails Mietta at 12 pm on 7 March 2023, saying that the dates are good, "but $1200 seems like a lot of money for the frankly mediocre Bream Cabin". Ester's email also asks whether there is any possibility of a different cabin or a lower price. Mietta is annoyed by Ester's email as she was already offering a substantial discount on the price, and is equally proud of all the cabins on her ferry. She does not immediately respond to Ester and heads out for lunch at her favourite local café with a friend. Mietta vents about the email exchange over lunch. Mietta's friend reminds her that as a new business, building a positive reputation is so important. After reflecting on the conversation at lunch, Mietta returns to the office and responds to Ester at 3:30 pm that same afternoon. Mietta's email states that she can offer the Bream Cabin for $1,000 for the return trip on the dates previously mentioned, but only if Ester sends the completed booking confirmation via email, before 5:00 pm that same afternoon. 
3. Ester responds: "Why are you pressuring us to book immediately? Can you give us a couple of days to decide?". This irritates Mietta further. Thinking back to her lunchtime discussion, she decides it is best not to respond with anything negative. She leaves the office for the day without responding to Ester. After discussing with Jasper that evening, Ester decides that $1,000 for the booking is a good deal. At 11:00 am the following day (8 March 2023), Ester emails Mietta and attaches the booking form with the booking details and price, stating that she is thankful for the discount and would like to proceed with the booking. Mietta responds saying that they are fully booked for the requested dates and that she cannot help her further. Ester is furious and believes that Mietta should honour the quoted price. 
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6. Issue: 
7. Whether an agreement has been reached between Ester and Mietta. (Do not address the legal issue of Consideration and Intention to be bound.) 
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9. Questions:
10. a) Is Ester asking for more time a request for information or a counter - offer; and 
11. b) if so, is Mietta ignoring Ester's request non-acceptance by implication?
12. c) Additionally, 
13.  Lastly, given the facts, I believe no agreement has been reached as there is no clear sign of acceptance. However, feel free to correct me.