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Professor

In:

Submitted By meli12ab
Words 2170
Pages 9
Q1
a) Whether Carmen can sue Martin for breach of contract
No, Carmen cannot sue Martin for breach of contract.
Martin's words to Carmen that ‘This T-shirt suits you very much and you cannot find it in any other boutique! It is only sold at $80!’ is not an offer, instead, it is just a invitation to treat . Offer is the expression of a person's intention to others to have a legally binding agreement. Offer is not an invitation to treat. Invitation to treat has no legally binding effect.
Harvey v Facey [1893] UKPC 1, in case supply of information is not an offer. Martin's words are provision of information, they are not offer. So, no contract formed between Martin and Carmen. Carmen cannot sue Martin for breach of contract.
Carmen can make the offer by requiring to buy the T-shirt, and the sales was completed when Martin accept Carmen's offer to buy.
b)Scenario 1
No, Martin cannot sue Joyce for breach of contract.
Joyce's letter is an offer. Offer is the expression of a person's intention to others to have a legally binding agreement. Basic terms of contract, normally the price and property, are needed in the offer to form an agreement. The computer model and the price were mentioned in the letter, so the basic terms are satisfied. Moreover, an offer must show the intention of the offeror to make an offer to the offeree. The letter's further content about the reply method and additional condition about the sale shows the Joyce's intention to make this offer.
Martin's response is the acceptance to Joyce's offer. Acceptance can be made on two conditions. Firstly, there should be a clear conduct showing the intention to accept the offer. Martin's e-mail had showed his intention to accept Joyce's offer. Secondly, communication by the offeror should be the method which has been insisted on. Martin did not reply through fax as Joyce told in the letter. Manchester

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