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Question: Lesley used to be a land surveyor until she retired recently. She writes a letter to a friend, Patrick, who had just qualified as a surveyor to ask if he would be interested in buying her surveying equipment for 1000 pounds. She tells Patrick to reply promptly as an ex-colleague is already interested in buying the equipment, but he pasts an immediate reply to Lesley in which he expresses a definite interest but also ask if she would not be prepared to accept payment by two equal instalments.
Lesley does not receive the letter from Patrick. Without waiting for a reply, Patrick arranges to borrow the money from his bank and, several days later, posts a cheque to Lesley for the 1000 pounds asking price.
By the time Lesley receives it, she has already sold the equipment to her ex-colleague, with reference to relevant case law, discuss Lesley’s potential liability towards Patrick and the possible remedies that he might pursue against her. (Mark 18/25)
A-level A2 October/November 2013 pass year question
Answer: An offer occurs when it indicates the terms on which the offeror is prepared to make a contract and gives a clear indication through communication that the offeror intends to be bound by those terms if they are accepted by the offeree. When Lesley wrote the letter to Patrick by inquiring whether he would be interested to buy her surveying equipment for 1000 pounds, she had made an offer to Patrick. This is because Lesley had made it quite clear that she would sell the surveying equipment to Patrick if he is willing to pay 1000 pounds for it, which is the terms and condition for the offer. It would not be considered as an invitation to treat. Invitation to treat is the preliminary stage for an offer. It occurs when one party invites the other to make an offer. For example, in the case of Fisher v Bell (1960), Lord Parker CJ stated that the display of goods with a price or it in a shop win...(short extract)
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- Subject: Law
- Course: Law
- Level: A-Level
- Year: Not applicable
- Mark: Not available
- Words: 1677
- Date submitted: August 02, 2015
- Date written: November, 2013
- References: No
- Document type: Essay*
- Essay ID: 6724
