Question

In: Accounting

Discuss whether a legally enforceable contract has been formed in each of the following circumstances. You...

Discuss whether a legally enforceable contract has been formed in each of the following circumstances. You should refer to relevant case law where applicable. Address only contract law issues.
Leroy wants a new website developed for his business which he operates as a sole trader. He approaches three different website developers for quotes. Leroy has provided each developer a brief to assist them to quote for the work. At Leroy’s request all quotes are mailed to Leroy’s postal address. Developer A provides a quote that does not cover some of the work that Leroy specified in the brief. Leroy sends an email back to Developer A to request an additional quote for the remaining work. Developers B and C both provide acceptable quotes with Developer B’s quote being the lower priced quote. Leroy writes to accept the quote of Developer B and posts the letter. Before Developer B receives the letter, Developer C offers to lower its quoted price. Leroy rings Developer B cancelling his letter of acceptance. He then sends an email to Developer C to accept their quote.

Solutions

Expert Solution

Contract Law states that a contract is legally binding when one party communicates the offer and another party accepts in absolutely with no qualification. A proposal can be revoked

-by the communication of notice of revocation by the proposer to the other party;

-by the lapse of the time prescribed in such proposal for its acceptance, or, if no time is so prescribed, by the lapse of a reasonable time, without communication of the acceptance;

-by the failure of the acceptor to fulfil a condition precedent to acceptance; or

-by the death or insanity of the proposer, if the fact of his death or insanity comes to the knowledge of the acceptor before acceptance.

A quote is not a promise by a party to deliver goods or services and also not a promise by a party to pay for goods or services. So, a price quote is be legally binding.

In the given case, Leroy had communicated his acceptance to Developer B however Developer B did not receive his acceptance and Leroy cancelled his letter of acceptance. In legal sense, Developer B never received any acceptance from Leroy as per the contract law.

In case of Payne v Cave (1789), the defendant made the highest bid for the plaintiff’s goods at an auction sale, but he withdrew his bid before the fall of the auctioneer’s hammer. It was held that the defendant was not bound to purchase the goods. His bid amounted to an offer which he was entitled to withdraw at any time before the auctioneer signified acceptance by knocking down the hammer.

In Herela V Royal Trust (1985)

Royal Trust invited offers by sealed tender for shares in a company and undertook to accept the highest offer. Harvela bid $2,175,000 and Sir Leonard Outerbridge bid $2,100,000 or $100,000 in excess of any other offer. Royal Trust accepted Sir Leonard’s offer. The trial judge gave judgment for Harvela. In the House of Lords, Lord Templeman stated: “To constitute a fixed bidding sale all that was necessary was that the vendors should invite confidential offers and should undertake to accept the highest offer. Such was the form of the invitation. It follows that the invitation upon its true construction created a fixed bidding sale and that Sir Leonard was not entitled to submit and the vendors were not entitled to accept a referential bid.”

Hence, in given scenario, there is no contract between leroy and Developer B.


Related Solutions

: Discuss whether a legally enforceable contract has been formed in each of the following circumstances....
: Discuss whether a legally enforceable contract has been formed in each of the following circumstances. You should refer to relevant case law where applicable. Address only contract law issues. Phil advertises his car for sale on a popular online marketplace. The advertisement contains a picture of a white car described as a ‘2015 VMW 4x4’. Other information supplied is as follows: Automatic Turbo Petrol $68,500. Pim contacts Phil via the website and indicates she would like to buy the...
List and explain each of the six requirements for a legally enforceable contract. List and explain...
List and explain each of the six requirements for a legally enforceable contract. List and explain the three tests that an offer must pass to be considered valid. When it became clear that Oscar’s parents needed someone to live in and care for them, Oscar offered to do it. Within a month of moving in, he told his parents that he would leave unless they signed all the real estate over to him and gave him power of attorney on...
A contract is a set of legally enforceable promises. A valid contract must have agreement/ offer...
A contract is a set of legally enforceable promises. A valid contract must have agreement/ offer consideration, legal object/purpose, and parties with legal capacity. Sometimes two parties will enter into a contract with the intent to benefit a third party. In these situations, a third-party beneficiary contract is formed. Third-party contracts are difficult to follow with the rights and obligations of the parties. You are required to create a contract (keep it simple-one page). You will select the subject of...
Which of the following is true about whether or not an enforceable contract exists? A. If...
Which of the following is true about whether or not an enforceable contract exists? A. If a party acted like he intended to make a contract but he actually did not intend to make a contract, then no enforceable contract exists. B. No contract is enforceable unless it is in writing. C. The objective meaning of the parties' words and conduct will determine whether the contract exists, not their subjective intent. D. An enforceable contract only requires an offer and...
Discuss the essential elements of an enforceable contract and the significance of each element. Describe a...
Discuss the essential elements of an enforceable contract and the significance of each element. Describe a contract, possibly one in which you were a party, were involved, or of which you have personal knowledge, indicating whether the contract was express, implied, written or oral, and whether it was it breached or disputed. Did it contain the essential elements of enforceability? Did you learn anything from this experience, and if so, what would you do differently in entering into future contracts?
What is Consideration ? Are the following promises supported by consideration or otherwise legally enforceable ?...
What is Consideration ? Are the following promises supported by consideration or otherwise legally enforceable ? (a)     A Landlord's promise to rent a riverside mansion for $10 a year rental. (b)     A promise by a supplier to deliver goods in a week's time in exchange for the          purchaser's promise to pay $6000 on delivery.          (c)     A creditor's promise (contained in a Deed) to accept $1000 in satisfaction of a $10,000                 debt.
Ruby Bhd has been sued by its supplier due to breach of contract. Discuss whether a...
Ruby Bhd has been sued by its supplier due to breach of contract. Discuss whether a liability can be recognized assuming that: a) It is probable that Ruby Bhd would be liable for RM500,000 as a result of lawsuit; b) It is not probable that Ruby Bhd would be liable for RM500,000. c) It is probable that Ruby Bhd would be liable, however the legal advisors could not estimate the liability amount reliably.
Discuss whether an asset needs to be legally owned to be recorded as an asset on...
Discuss whether an asset needs to be legally owned to be recorded as an asset on the balance sheet (No less than 500 words).
Discuss whether an asset needs to be legally owned to be recorded as an asset on...
Discuss whether an asset needs to be legally owned to be recorded as an asset on the balance sheet (With references and No less than 500 words).
For each of the following scenarios, state whether there is or is not a contract, and...
For each of the following scenarios, state whether there is or is not a contract, and why: 1. Bob and Mary were talking at a bar on Thursday night. Bob wrote the following on coaster and handed it to Mary: “I promise to pay you $1,000 to dance with man at the bar in the Gray Shirt” Mary read the coaster, signed it, and danced with the man in the gray shirt. 2. Mr. Wilson said to 18 year old...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT