Question

In: Advanced Math

Scenario 1 Mr. Abbas sees a book displayed in a shelf of a book shop with...

Scenario 1

Mr. Abbas sees a book displayed in a shelf of a book shop with a price tag of Rs. 85. Mr. Abbas tenders Rs. 85 on the counter and asked for the book. The book seller refuses to sale the book saying that the book is already sold and I do not have another copy of the book.

Question: Is the book seller bound to sell the book to Mr. Abbas. Why and Why not?

Scenario 2

Mr. Hameed offers to sale his car to Mr. Arshad for Rs. 95,000. Mr. Arshad offers Rs. 94,000 for the car for which Mr. Hameed refuse to sale. Subsequently, Mr. Hameed agrees to sell his car for Rs. 92,000 to Mr. Hafeez. Mr. Arshad sues Mr. Hameed for performance.

Question: As a judge, what is going to be your decision? Justify with the help of reasons.

Expert Solution

Scenario 1:

The given case is under the chapter of offer and invitation to an offer which means the signification by one person to another of his willingness to enter in to a contract with him on certain terms.It may be expressed or implied from the conduct of the parties

In this set case Mr.Abbas wanted to purchase the book which is already sold to other person therefore book seller refuses the proposal and refuse to sell the book therefore Abbas sue the bookseller.

Judgement:

Therefore book seller is not bound to sale the book to Mr.Abbas

Scenario 2:

Counter offer means when a contract create against another contract is called counter offer

Mr.Hameeds offer comes to an end by the counter offer of Mr.Arshad and there was no offer available for acceptence subsequently

Mr.Hameed sell the car to Mr.Hafeez,any two can do the business accordingly which does not include third person

There is nothing wrong in what Mr.Hameed did.

Colby Messinger answered 2 years ago

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