This website uses cookies to ensure you have the best experience. Learn more

On The 1st Of May Arnold Offered By Email To Sell His Car To Bertha For £10,000 And That He Would Send His Wife To Bertha’s House On The 8th Of May To Receive Bertha’s Reply.....

1362 words - 5 pages


On the 1st of May Arnold offered by email to sell his car to Bertha for �10,000 and that he would send his wife to Bertha's house on the 8th of May to receive Bertha's reply. On the 6th, Bertha sent an email to Arnold saying, `Would like to have the car. Can you offer a six-month guarantee against mechanical breakdown?'

On receiving the email the same day Arnold sold the car to Christopher and sent a messenger with a note to Bertha's house to tell her of this.

Before this note arrived, Bertha changed her mind about the need for a guarantee and posted a letter to Arnold accepting the latter's offer. This letter was lost in the post.

Advise Arnold.

Although already bound to sell the car to C, A is still liable to B if a contract, that is, an agreement supported by consideration and the intention to create legal relations in the absence of any vitiating factors, has been formed to sell the car to B.

The elements are clearly satisfied, except for `agreement', which's formation between A and B requires the making and communication by one of an offer and an acceptance by another and the lack of any revocation of these intentions. B will likely assert A's email to be an offer to sell his car. An offer is `an expression of willingness to contract on specified terms, made with the intention that it shall become binding as soon as it is accepted by the person whom it is addressed' (Treitel, The Law of Contract, 9th ed, p8). What the court wants to find is A's intention to be bound, but they can only infer this objectively from the words or expressions he used (Gibson v MCC). On one hand A's expression shows the required intention - he stated his price, even stipulated his wife as the mode to accept and that his wife was to plainly `receive B's reply' shows he was not planning for any negotiation. On the other, arguably it could be an expression of willingness to enter into negotiations, that is, an invitation to treat (Storer v MCC), since his words could mean `I am thinking of selling my car for 10,000 and my wife will drive the car around to your house on the 8th for your inspection and offer'. On balance though, A's email is more like an offer. To the reasonable man it should sound more like two collateral offers - one to sell the car, the other to keep it open until the 8th.

Assuming Arnold made an offer, the next question is whether B's email on the 6th is an acceptance. An acceptance is "a final and unqualified expression of assent to the terms of an offer" ( Treitel p16). Just as for an offer, the courts will infer B's unqualified assent to the terms from her words or expressions. A could argue that, objectively reading, because of the question about the guarantee, B's words `would like to have the car' could have been only an indication of interest but not assent to A's terms, since she definitely would not have...

Find Another Essay On On the 1st of May Arnold offered by email to sell his car to Bertha for £10,000 and that he would send his wife to Bertha’s house on the 8th of May to receive Bertha’s reply.....

Until the End of Time: Passionate Shepherd to his love vs. The Nymphs reply

855 words - 3 pages imagery and personification. In "The Nymph's Reply to the Shepherd", the nymph criticizes the personification used by the shepherd, but also uses imagery. The first illustration of imagery is "That valleys, groves, hills, and fields/ Woods or steepy mountain yields." (Christopher Marlowe, 3-4). The shepherd refers to the beauty of nature, relating to the beauty in his love, and the life he wants to lead with her. On the other side, the reader sees

Comparing The Passionate Shepherd to His Love and Nymph's Reply to the Shepherd

1446 words - 6 pages belive that when Marlowe was writing the poem he new that the what is was writing was improbable fantasy but his is not the object of the poem to be real, just to seduce his "love". So he writies about every Elizabethans dream and makes it better yet by inculdng all the riches of a wealthy persons life. "Fair lined slippers for the cold, with buckles of the purest gold" The other, and perhaps more complex

Descartes and how he came to his conclusions on the existence of the world. This was originally used for a presentation

615 words - 2 pages god.Now we know that there really is a being powerful enough to deceive us. But Descartes argued that since all perfections naturally go together, and since deception is invariably the product of imperfection, it follows that the truly omnipotent being has no reason or motive for deception. God does not deceive, and doubt of the deepest sort may be abandoned forever. Therefore, we can go on to say that the world we percieve also exists.Though

Chaucer's Use of the Female Gender to Shape His Text with Reference to Wife of Bath

1482 words - 6 pages wedding night, the knight is despondent over what he has gotten himself into. The old woman lectures him on the trivial nature of appearances, then gives the knight a choice; ugly and faithful or beautiful but unfaithful. The knight leaves the decision up to her. The old woman rewards him by giving him both. There are many characteristics of the wife of bath that Chaucer uses to help shape the text. The wife of Bath desires only a few simple things

Assess the claim made by interactionists that the social world has to be explained in terms of the meanings that the acotors give to their actions. (Points in essay may be elaborated on)

734 words - 3 pages us and we learn to be aware of the way people see us in our roles through the game stage. One may therefore conclude that the actor analysis his actions by means of the way he sees himself in the mirror as well as the way society sees him. It is also important to mention that the social world may not be viewed through the lens of each individual person, as otherwise it would not be the study of society but the study of the individual. To be the sociology one must view the actions through the structures and values of the society as a whole rather than the individual.

As You Like It, The Passionate shepherd to His Love, and The Nymph's Reply to the Shepherd

777 words - 3 pages provides him with food, clothing, and shelter. A shepherd's wife must support and help take care of the shepherd. Marlowe's passionate shepherd tries to woo his love by promising the best "wool" from "our pretty lambs," beautiful fields in which to reflect, "beds of roses" to sleep on, "A cap of flowers, and a kirtle/ Embroidered all with leaves of myrtle." She will also have "Fair-lined slippers for the cold,/With buckles of the purest gold

A biography on Bill Gates. How he started and become the richest man alive. What he done to achieve his goal and conflicts he had to run to to become where he is standing today

1517 words - 6 pages wins. That is IBM and Apple's Taligent and OS/2's strategy.Right now Bill Gates is building a multi million dollar water front home outside of Seattle, equipped with all the technological luxuries that a few years ago only science fiction writers could dream up, for he and his wife, Melinda French. He has a 2.5 million dollar book deal that is selling now(Lyall 20). What is in Gates future? He loves his work at Microsoft and continues to stay

Compartment Car By Hayley Walker This piece of text is based on the picture "Compartment car" by Edward Hopper. I used his picture to depict a story of the girl in the compartment

871 words - 3 pages not stay for long, two weeks and I was gone. But I would be blessed if those two weeks were the entirety of my life. I was first sent there to meet John; six foot two, dark brown hair and my brother. This was new information to me at that time and to his knowledge I didn't exist. My journey there was very much alike my journey right now; an empty compartment with many questions floating round my mind. Will I like him? Will he like me? What is

Q)Assess operational strategies that management may use to respond to influences on operations

1267 words - 5 pages to quickly adapt and either reduce or take advantage of these influences that impact the business. The effectiveness of these strategies can measured by Qantas’ performance and whether or not it is able to hold it’s competitive advantage. How well these strategies respond to the influences on operations will determine the level of success that Qantas achieves. One of the many influences that affect Qantas is the presence of globalisation, which

Factors That May Contribute to Eating Disorders

2729 words - 11 pages causes of theses emotionally and physically damaging conditions (Factors That May Contribute to Eating Disorders 1). While eating disorders may first appear to be solely about food and weight preoccupations, those suffering them often try to use food and the control of food to cope with feeling and emotions that may otherwise seem overwhelming, on the other hand for some, dieting, bingeing and purging may begin as a way to cope with painful

Comparing Sir Walter Raleigh's The Nymph's Reply to the Shepherd to Christopher Marlowe's The Passionate Shepherd to His Love

792 words - 3 pages Nymph's waist and breasts which he was desired to fondle. The Nymph replies "Thy belt of straw and ivy buds, / all these in me no means can move" ( ). She said that his fondling would not influence her decision to have sex with him. The Shepherd also offered the Nymph actual gifts containing sexual significance. For example, the Shepherd offers the Nymph "...a kirtle, / embroidered all with leaves of myrtle" ( ). A kirtle was an informal skimpy

Similar Essays

A Comparison Of 'the Passionate Shepherd To His Love' And 'the Nymph’s Reply To The Shepherd'

2918 words - 12 pages on, in 1618, he was beheaded for being a “traitor”. Christopher Marlowe-writer of “The Passionate Shepherd to his Love”, was born in the same year as Shakespeare, 1564, and was the son of a shoemaker. Many believe that he was a rival playwright to Shakespeare. He (Marlowe) received his Batchelor of Arts in 1584 and his master’s degree in 1587. Marlowe was thought to be a spy and when having dinner with some friends, at a

A Comparison Of The Passionate Shepherd To His Love And The Nymphs Reply To The Shepherd

797 words - 3 pages Shepherd are both four line stanzas. They are both pastorals as well which means that the are replies to each other. The Nymph is replying to the Shepherd saying that he really doesn’t love her saying his love is fake. Both of the writers used flock of sheep in both of these poems. In the poem The Passionate Shepherd to his Love the Shepherd says “ And we will set upon the rock / Seeing the Shepherds feed their flocks”. Then in The Nymphs Reply

Governor Arnold Schwarzenegger May Soon Become President And More Details Of The Past In His Governing

2386 words - 10 pages determination to achieve goals and believes he would be an excellent candidate for presidency. Yet Morgenthaler-Jones says that the one goal to become president Schwarzenegger cannot have because the Constitution blocks his way. Despite Morgenthaler-Jones's efforts, the governor has said, "It's important to leave me out of that discussion...I'm not thinking about running for president (International Wire)." But according to Morgenthaler-Jones, who

What Are The Alternative Products That May Attempt To Improve The Sustainability Of Tourism And The Limitations There May Have?

2359 words - 9 pages cable car, by railway and cars. Singapore government is also upgrading the MRT stations and add on MRT stations, such as Bras Basah.The Sentosa management board has already gone through almost every tourism school, in order to find out the good students that are interested in the casino and casino management area, as well as they have the knowledge and skills to work for Sentosa in the next few years.About three years ago, Singapore government