Law assignment... Urgent
Alice offers Jack her car for HK$9,000 and Jack replies by saying "I will take your car, but I will pay only HK$6,000 for it."
Explain whether there is a binding contract between Alice and Jack.
- Kenzzz_chLv 71 十年前最愛解答
A purported acceptance which does not accept all the terms and conditions proposed by the offeror but which in fact introduces new terms is not an acceptance but a counter offer. Hyde v. Wrench held that a counter offer is to be treated as a new offer and has the effect of killing off the original offer.
Hence, Jack did not actually accept Alice's offer to sell. By introducing a new term i.e. paying only $6000 for the car, Jack killed off the original offer and proposed a counter offer of buying the car for $6,000.
As nothing indicates that Alice has accepted Jack's offer, there is no contract between Alice and Jack.
- 1 十年前
Thanks for your information