Question
Julie owns and runs a small traffic management business called Round-The-Bend. They use signs and barriers to safely divert traffic around roadworks, construction works or
Julie owns and runs a small traffic management business called Round-The-Bend. They use signs and
barriers to safely divert traffic around roadworks, construction works or emergencies on roads.
On Monday, Julie receives an email from Simon: 'Are you available in the first week of February? We will
be carrying out some earthworks around 50 Main Rd and need someone to divert traffic.'
Julie responds immediately: 'I don't have any jobs booked in the first half of February. How big a team do
you need? If you can say what hours you'll be doing the earthworks, I can give you a rough quote.'
Simon then replies on Tuesday: 'We're working on a pretty big stretch of the footpath - around 20
metres long. We'll start at 6am and go until 10pm, each day until the job's finished. It'll probably take 3-4
days, I'd say.'
Julie then emails back: 'Sounds like we'd need a team of 4 people. We'd need an extra half an hour
before you start, to set up, and an extra half an hour at the end to pack up and ensure everything is left in
a safe condition. We charge $340 per hour for a job this size. Our calendar tends to fill up fast, so you
need to let me know soon if you want to book the job. I can only hold the first week of February open for
you until the end of this week.'
After Simon reads the email he contacts several other traffic management businesses to get more quotes
for the job. He discovers that Julie's quote is the best but gets delayed with other matters rather than
responding to her straightaway. Concerned that maybe she doesn't check business emails on the
weekend, Simon gets her mobile number from the website for Round-The-Bend and sends her an SMS at
6am on Sunday morning: 'Simon here. It's a YES for the Main Rd job in February!'
Is this one a conditional agreement?
Is there a binding agreement?
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