Topic > Contract Law - 1127

The area of ​​law in this story is contract law. A “contract” is a written legal agreement that is usually an offer and acceptance, between individuals or businesses, that must comply with legal requirements. The contract implies, as mentioned, an "offer", which is an expression of willingness to perform an action on certain conditions made with the intention that a binding agreement exists once accepted, and an "acceptance" which is definitive and absolute assent to all the terms of the offer. There are two types of offers, what are they; "unilateral offer", which can be made to the world as a whole - Bowerman v ABTA, and "bilateral offer" which is made to a specific individual or group. In this particular situation, it can be seen that there is a "one-sided offer", made by Elaine, when she places the advertisement on her company website saying that there is a special offer for HP234x cartridges costing £ 2.50. This action of Elaine shows that she is willing to make a contract with the whole world with the existence of acceptance. To obtain an acceptance, it must be considered that it is unambiguous and unconditional, and that the general rule of acceptance follows acceptance, therefore the acceptance must be communicated to the other party - Entores v Miles Far East Corporation. Acceptance of an offer may be a written document, accepted orally and by conduct. Unilateral offers are accepted by conduct - Carlill v Carbolic Smoke Ball. It is clear that there is unconditional communication between the person who offered and the person who accepted; as an "acceptance" which is made by conduct, as Sacha immediately places the order of 100 cartridges and fills out...... half of the paper... gh to enter into a contract. Although the request for information does not destroy the offer and keeps the contract open, it is still necessary to obtain clear, certain and unconditional acceptance to enter into a contract. Furthermore, there may be a possibility that a legally binding relationship is intended to be created, as Bill and Sacha are colleagues. It can be argued that it is difficult to revoke a binding contract as the offer is accepted and the contract is formed. Elaine realizes her pricing error the next day, which can cause problems reversing it as she doesn't catch the error at the time the contract exists. But Elaine's action of refunding the money she is approving, shows that she is ready to repay the cost paid by Sacha, and this would not cause any harm to Sacha since he receives his money and does not have a binding contract with Conto.