Law Case Study Analysis Essay Example | Topics and Well Written Essays - 1250 words

Law Case Study Analysis - Essay Example The term "expression" can be defined as the different forms such as newspaper, email, letter, fax, and conduct; till the communication is based on the mode of communication for which the offeror is ready to contract. The term "intention" is defined objectively by different judges of the courts. In the case of Smith v. Hughes (1871) LR 6 QB 597 lays an emphasis on the fact that the important thing in any offer is not the real intentions of the parties involved but instead important thing is the reasonable view of the person regarding the situation. Revocation of offer An offer can be revoked by the offeror prior to the acceptance of the offer; but this must be communicated to the offeree. But it is not necessary that the offeror needs to communicate the revocation. In case the offer was made by the offeror to the whole world, the offeror need to revoke the offer in a similar form. This was evident in the legal precedent of Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 Court of Appe al. But, in case the offer has been turned into an option, then the offer cannot be revoked by the offeror. In case the offer is in the form of an unilateral offer, the contract can be revoked by the offeror any time. ... But even in this case, the acceptance must be communicated. The offer can be withdrawn, prior to the acceptance of the offer. v The offer can be solely accepted by the offeree only, i.e.the party which receives the offer offer was made. v In case the offer is accepted by someone else in the family or business on the behalf of the offeree without his/her authorization, then the offer cannot be considered as binding v Silence on an offer cannot be considered as an acceptance of the offer. This is evident in the legal precedent of Felthouse v. Bindley (1862) 142 ER 1037. Counter-offer and correspondence The "mirror image rule" within the law of offer and acceptance, the offer needs to be accepted by the offeror or offeree without any modifications. If there are any changes which are done in any way to the offer, then the counter-offer with changes kills the original offer and the latter cannot be accepted by any of the parties in future. This is evident in the legal precedent of Hyde v. Wrench (1840) 3 Beav 334. The Case Presented Tom chooses to put up for sale his car by parking it outside his residence with a note on the windscreen mentioning: "For auction, exceptionally excellent state, single owner complete service history, complete MOT, ?5,000 or nearby offer. Please get in touch number 37 or telephone 9911929 only." On Tuesday morning around 9.00am, Dick sees the car, but as he is behind schedule for work he is incapable to stop and call Tom at 10.00am and makes an propose of ?4,750 which Tom says he will think about. Harry was crossing through Tom's house on Tuesday morning around 11.00am, saw the car and called at the residence but Tom was not