Law Coursework Case Study of Benitez Computers LTD

In advising Benitez Computers LTD we must consider whether the facsimile mould they vent let on to a number of their customers was an hold come to the fore or and invitation to treat. An invitation to treat is where a fellowship such as Benitez Computer LTD be non willing to implement the terms of their visit notwithstanding however seeking toinitiate negotiations. As in the discipline issue of Partridge and Crittenden itwas decided that if the advertisement such as the autotype move come on was aninvitation to treat and not an eject to grapple becausece no bundle would need tobe carried out. On the opposite hand the autotype could appear to be an tolerate whichis the willingness to be bound by the terms of the offering up should the offerbe accepted. The facsimile sent out could be considered a uni latelyral contract. This is where a party such as Benitez Computers makes a human bodyal promiseand it is up to some other party e.g. Mr Torres or Mr Gerrard t o choose whetherthey want to enter into that contract as in the case of Carlill and CarbolicSmoke B wholly Comp each. In this case, the woo of appeal decided that MrsCarlill performed the condition in the offer and because the comp whatever wasunder obligation to pay her. Mr Gerrard wherefore teleph geniusd Benitez Computers and go forth a voice mail messagewhere he would buy each the computers for £cl instead of the cowcatcher bellof £200. If the original facsimile sent out by Benitez was an offer then the retort telecommunicate by Mr Gerrard is a respond offer which is where an offer has been madeand one party, in this case Mr Gerrard, is not happy with all the termssuch as the price and therefore wishes to carry on to lower the price to£150. However if the original fax was not an offer then Mr Gerrard was merelyasking for a supply of information which is not deemed to be lawful offer asin the case study of Harvey and Facey where they were merely enquiring aboutin formation and no imposing bid was made. It ! appears that Mr Gerrard was interested in purchase the redundancy stockbecause he later sent out a letter substantiate that he wished to buy up to amaximum of 20 computers. It was ring mailed Monday but did not arrive untilWednesday. Mr Benitez replied saying that it was alike late and that thecomputers had been sold. The postal rule states that acceptance by post isvalid from the term of posting as in the case of Adams and Lindsell wherethe motor bill decided that the offer had been accepted as soon as the letter ofacceptance had been posted. All of this though is dependant on whether theoriginal fax sent out was in deed an offer and whether Mr Gerrard wasstating that he would buy twenty computers for £150 or the original statedprice of £200. When Mr Torres left a voicemail saying that he was interested in exultant £200worth of computers this was not listened to until 10am the following Mondayafter the deadline even though it had been recorded at 4pm on the deadlined ate. Believing that the original fax sent out was an offer, they have metall the terms stated.

As Lord Denning stated that an offerer cannot denyreceipt of the acceptance if ?it is his own fault that he did not drag it?,for example it was Benitez Computers fault that they did not check theiranswering machine. This means that if the fax to begin with sent out was anoffer then Benitez would be apt(predicate) to supply £200 worth of wastefulness stock. In installment I think that in their position with Mr Gerrard they do nothave any legal obligation because if the fax was an invitation to treatthan the reply of buying the surplus stock at £150 could be reject! ed byBenitez Computers. If primarily it was an offer sent out by BenitezComputers then the reply made by Mr Gerrard was a counter offer. A counteroffer is classed as a rejection of the original offer and the introductionof a new offer with new terms. In the case with Mr Torres if it was a unilateral contract, all the termsand conditions were met by Mr Torres and it was the fault of BenitezComputers that they did not listen to the answering machine before hand,therefore they would be liable to supply Mr Torres. Luckily for BenitezComputers they could distort over in court using the Partridge and Crittenden thatthe fax sent out was merely an invitation to treat and not an offer andtherefore they are not liable to supply neither Mr Torres nor Mr Gerrardanything. bibliography1.Keenan. D, Riches, S. (2005). railway line law, seventh Edition, Longman. 2.Offer and Acceptance. (2007, Nov 10th). Available at: http://www.answers.com/topic/offer-and-acceptance?cat=biz-fin If you unavoidableness to get a full essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper