Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

GROUP ASSIGNNEENT LAW 222DE. According to the principles of offer and acceptance in the law of contract, consider the following situations by applying the relevant

image text in transcribed
image text in transcribed
GROUP ASSIGNNEENT LAW 222DE. According to the principles of offer and acceptance in the law of contract, consider the following situations by applying the relevant statutory provisions and case laws. Mark offered to purchase Nathan's car (Registration number W456] on 31 Jan 2016. The price offered was RM 75 000. Assume the the following responses occurred on the dates stated, discuss whether Nathan or Mark can enforce the agreement in all three (3} situations. 1. Nathan decided on 1 March to accept the offer and communicated his intention in writing to Mark. 2. Nathan communicated his acceptance of the offer on the 15th of February through an email but the mail was accidentally deleted by Mark's wife before he managed to read the email. 3. Nathan responded by email by 7th February in the following manner: "Mark received your oer. Shall consult with my wife. We are talking cash I presume." There was no response from Mark. In the meantime, Nathan consulted his wife and they agreed to a price of RM80,000 and informed Mark about this by phone. After putting down the phone, Nathan received an offer from Ryan for the same car for RM85,DDU. Nathan immediately accepted Ryan's offer. Mark not knowing what ha d happened, called and agreed to pay RMBD,0{l0 in cash. ##3##:***********Sll':**********##EHFSHiF-HFHHHHFHBSHHHBS:*************************#*** Nathan's answer acceptance? Counter offer?I Asking further about the offer? Apply the cases of Harvey v Facey, Gibson's case, Curliil v Corbolic Smoke Boil, Stevenson I; Mc Lean. No response from Mark - presume no knowledge... email requires real communication. Change of price RM 80 000. This is a counter offer or a new offer made by Nathan to Mark. Not an acceptance. Communication by phone. Presumption no YES response from Mark means this is still offer open for acceptance by Mark. Ryan RM 85 000. Offer and immediately accepted by Mark. The issue what is the legal right of Mark, can he enforce his acceptance? The issue of withdrawal of the offer must be discussed. Should be communicated before acceptance otherwise it is not effective. Nathan seems to not communicate to Mark about any withdrawal of his offer of RM 80 000. Mark's response can be argued as a valid acceptance

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Law Express English Legal System

Authors: Emily Finch, Stefan Fafinski

8th Edition

1292295457, 978-1292295459

More Books

Students also viewed these Law questions

Question

=+a) What kind of design or study is this?

Answered: 1 week ago

Question

Context, i.e. the context of the information presented and received

Answered: 1 week ago