Noel, a businessman, orders and sells trampolines for schools in Suva. He inquired to

Safetytramps on 1 January and on 5 January Safetytramps sent a letter to him which stated:

"Thank you for your letter of 1 January. We are willing to supply 20 trampolines made to

specifications in your letter at cost of $400 each, including delivery to you by 31 March."

Noel received this letter on 7 January. He replied the letter on 8 January to Safetytramps saying:

"I accept your offer to supply trampolines as specified at a cost of $400 each, including delivery

by 31 March. Please supply 18 trampolines at the stated price."

On 10 January, Safetytramps received Noel's letter and replied by facsimile the same day:

"Thank you for your letter of 8 January. Our offer was for 20 trampolines at the special price of

$400 each. For less than 20 trampolines, our usual price is $440 each."

On 20 January, Noel wrote to Safetytramps saying that he had found another manufacturer to do

the job. This letter reached Safetytramps on 23 January, but on 21 January, Safetytramps had

posted a letter saying that:

"After further consideration, we have decided to make special exception in this case, in the hope

that we will be able to do business with you again in the future. We accept your order for 18

trampolines at a cost of $400 as per your letter of 8 January."

When Noel received the letter on 24 January, he immediately rang Safetytramps, but the General

Manager said that they had concluded the contract, and she threatened to take the matter to court.

Advise:

(a) Noel of the legal arguments and case authorities which he could be raised if the matter

went to court and;

(b) Whether Safetytramps is likely to succeed in their claim against Noel.