Has a legal contract been made? Essay

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Coursework question: Quail advertised his collection of painted eggs in the local newspaper. The advertisement said: ’20 fabulous painted eggs for sale must be sold by the end of May. £50 gets the lot,’ followed by his business telephone number and address. Sparrow sent a letter to him on 28th May saying she would give him £50 on delivery of the eggs. Duck left a telephone message on his answer phone for him on the 31st May, a bank holiday, saying she would pay £55. Consider whether a contract has been made, and if so, with which party. The existence of an agreement is known as a contract, in law this consists of a clear offer from one party and a clear acceptance from whom the offer was made. It can be made orally, in writing or by actions. The advertisement from Quail in the newspaper needs to be determined as to whether it is an invitation to treat or an offer. This will be discussed later on in this essay. In this advertisement the date of the offer to make a contract expires at the end of May, Sparrow had sent an acceptance on the 28th May and Duck made an acceptance on the 31st May. Sparrow made her acceptance of £50 for 20 painted eggs through posting a letter. By posting acceptance means that the postal rule is in effect. As soon as the letter is put through the letter box it means a contract is made. The postal rule causes much confusion and inconvenience as there is time lag from the date the letter is sent to the time the letter is read. If the advertisement was an offer this would mean that a contract had been made with Sparrow. But if this advertisement was an invitation to treat then Sparrows acceptance was actually an offer to buy. Not every proposal related to sale is an offer; an invitation to treat is an invitation to make an offer. If this is the case then no contract has

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