LLB Law of Contract Written Assignment Essay Example | Topics and Well Written Essays - 1500 words

LLB Law of Contract Written Assignment - Essay Example The seller (Fred) offered to sell the coffee table to his friend Gary for 450 pounds. This differs by 50 pounds as to the original offer of 500 pounds in the newspaper advertisement. Gary accepted the offer. However, Fred did not know of it as he always forgot to check his email everyday. To assure that Fred will know of his acceptance, Gary sent him a letter by post but Fred did not receive it on time. To analyze the circumstance, there could have been a valid contract if Fred only knew of Gary’s acceptance and confirmed it. It could also be stated that it was Fred’s fault why he was not informed of the buyer’s acceptance. With due praise to Gary, he even instituted another way just for Fred to be aware of his willingness to buy the table. As provided under article 2.205, paragraph 1 of The Principles of European Contract Law, a contract is concluded if the offeree’s acceptance of the offer reaches the offeror. This means that knowledge of the acceptance is a necessary requirement for an agreement to be legally binding. In the instant situation, Fred did not know of Gary’s acceptance. Thus, no contract has been formed. Fred could have checked his email for Gary’s reply as he used it in making the offer. In other words, he could have been logical in forming the contract with the buyer. Clearly, the buyer is of no fault. Nevertheless, Gary is not left without hope. He can still buy the table under the provision on late acceptance. In such section of the law, Gary needs to have Fred’s acknowledgement that he lately received the offer and that he still desires or intends to confirm it. As contained in Article 2.207, late acceptance is to be considered effective if the offeror or the seller informs the offeree (the buyer) that he or she deems it as such (â€Å"The Principles†). Moreover, it must be shown by Gary that he has sent his acceptance in such a way that if it was transmitted normally, the seller could have received it in due time (â€Å"The Principles†). He actually tried to send Fred a letter of his acceptance by post. However, due to a mistake at the post office sorting area, his letter was to arrive only after two weeks. Gary should emphasize this event to Fred. If that happens, a late acceptance will accrue. Fred should not worry of his transaction with Gary. There was no legally binding contract formed. The ultimate decision still depends on him. Second Scene In the second scenario, a buyer who has read the seller’s advertisement offered to buy the table but only for 470 pounds. Fred replied with a condition. He also promised the buyer (Harriet) that he will not be selling the table to anyone as soon as she could raise the desired amount. In doing this, Fred presumed that Gary was not interested to buy the table. Luckily, the buyer was able to raise the money and left a message on Fred’s answer machine. Fred did not hear the phone. Thus, he never bother ed to operate the machine. As a result, he was not aware of Harriet’s compliance of the condition. With regard to this instance, an agreement could have been made if Fred knew of Harriet’s compliance of the condition and acknowledged it. It can be contended that the reason of such failure was not due to Fred’s fault. He inadvertently did not hear the phone while he was in the garden. Also, Fred doesn’t actually know how to operate the answer machine. Article 2.201 of the law states that a proposal shall result to an offer if (1) it is purposefully made to amount to a