Topic > Case Study - 908

Step 1The legal area covered in the respective question is the element of agreement required for the formation of a legally enforceable contract. Step 2The agreement is defined as a meeting of minds between both parties to the contract, while both parties are fully aware of the terms and conditions of the contract and have full understanding of the performance required to be performed by the respective parties. An agreement consists of two elements, which are offer and acceptance. The offer is a statement made by one party to another showing willingness to enter into an agreement, and the maker of the statement is called the "offerer" and the recipient is called the "recipient". The offer must be sufficiently complete, in how the main aspects of the offer must be stated clearly and completely; and promissory, since the statement should be made according to a scheme according to which the offeror is willing to maintain the performance of the terms and conditions if the offer is accepted ().The case of Harvey v Facey [1893] AC 552 established a case where Harvey had sent a telegram asking for prices of a product to Facey, who replied Harvey, who was satisfied with the price, tried to "accept" him purchases but Facey refused, so the case was taken to court The question of whether Facey's response is an offer was decided that Facey is not obliged to sell the product as the telegram is simply information rather than an. offer, since the declaration does not contain any promises. Furthermore, an offer must not simply be an expression of interest in doing business, such as advertising. Such statements are simply considered “invitations to treat”, i.e. statements made to invite others to make the offer. In the case of Partridge v Crittenden [1968] 2 All ER 421, Partridge mad...... middle of paper ......t acceptance must be made by post or in any other form. Therefore, the unspecified method of acceptance prevented the exceptional postal acceptance rule from applying in this case. Therefore, as per the general rule, the acceptance is effective only when Mark received the letter on Tuesday. Even though James is the recipient of the offer, he feels satisfied with the terms of the offer, given the acceptance identical to the offer, and has communicated with the offeror, who has apparently met most of the requirements of an acceptance , but the offer expired once acceptance occurred. Therefore, it makes acceptance ineffective. Step 4In conclusion, the elements of the agreement did not meet the necessary requirements, thus demonstrating that there is no formation of a legally binding contract between James and Mark. Therefore, Mark is free to withdraw his offer at will.