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.

Thanks....

2 個解答

評分
  • 1 十年 前
    最佳解答

    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

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