Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Question: Trading Co issued an offer to Textile Company to sell 1,000 tons of imported cotton. Among other things, the offer contained the terms and

image text in transcribed
Question: Trading Co issued an offer to Textile Company to sell 1,000 tons of imported cotton. Among other things, the offer contained the terms and conditions as follows: (i) price of cotton -20,000,000 VND/ton; (ii) payment - 30% of total price payment in advance, remaining 70% payment at the time of delivery of the goods; (iii) transport of goods - cost to be borne by Textile Company, delivery within seven days after the conclusion of the contract. Upon receipt of the offer, Textile Company replied via a fax to Trading Co which stated: We accept all the terms and conditions of your offer and will take delivery of the goods within seven days upon the conclusion of this contract. Please keep the cotton in good condition and with sound package.' Trading Co received the fax but did not respond to it. Textile Company hired a logistics company, five days after sending the fax, to take delivery of the cotton from Trading Co but failed to take any goods from Trading Co. Trading Co insisted that it was not under a contractual obligation to sell the goods to Textile Company, as there was no contract between the two parties. Trading Co stated further that the fax sent by Textile Company added the term 'keep the cotton in good condition and with sound package', which should be regarded as additions to the offer and constituted a counter-offer by Textile Company, rather than an acceptance. Therefore, the two parties did not reach an agreement on the terms and conditions for the sale of the cotton. Required: With reference to the Vietnamese contract law, analyse the scenario and discuss: (a) Analyse the formation of contract? (b) whether there was a contract between Trading Co and Textile Co, and explain your reasoning; (c) the legal nature of Textile Company's fax to Trading Co

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_2

Step: 3

blur-text-image_3

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 For Recreation And Sport Managers

Authors: Doyice J Cotten, John Wolohan

8th Edition

179244429X, 978-1792444296

More Books

Students also viewed these Law questions

Question

Would giving rewards or administering punishments be

Answered: 1 week ago

Question

Personal role: This consists of service to family and friends.

Answered: 1 week ago

Question

The role of life: It consists of your own service to yourself.

Answered: 1 week ago