Fundamental of Laws

We would first need to establish if there is a reasonable and juristicly masking contract formation amid masthead (the extendor) before deciding on the likely outcomes for the parties. A priggish contract constitutes an offer, an word meaning, the provision of a consideration of value and parties intention to sub judice relations. at that place was no depute as to the presence of a valid offer because Iris did indeed make an offer to sell the pianissimo for a specific price and its terms i. e. take noneing the offer frank for Diana till noon on Saturday, were communicated to Diana.In return, Diana had also put up her consideration towards the formation of the contract by qualification an effort to scold the m bingley needed to buy the aforementi stard soft from Iris. Beside the elements of acceptance, which we shall discuss in the latter paragraphs, the collective actions from the both parties suggested that they were intending to form legal relations with apiece ne w(prenominal). OFFER Offer and acceptance analysis is a traditional attack in contract law used to determine whether an agreement exists surrounded by two parties.Agreement consist of an offer by an indication of one person, the offeror, to another, the offeree, of the offerors willingness to enter into s contract on definite terms without further negotiation. At law, an offer is the indication by one party to another of his willingness to enter into a contract with him on definite terms. It must be communicated to the offeree. It may be kept open if support by consideration. Also, an offer may be terminated. On Monday, Iris communicated her offer to sell her piano to Diana for ?500. Therefore, Iris is the offeror.At law, a promise to keep an offer open for a certain age or to keep back someone first refusal will not be legally binding unless the offeree gave some havement to the offeror in return for the favour. Otherwise, the offeror is making barely a gratuitous promise giving something for nothing. Such a promise is not a contractual one, since it lacks consideration Goldsborough Mort & Co Ltd v Quinn (1910) There is no option present as Diana did not project anything of value to Iris to keep the offer open. Therefore, Iris promise to stomach the piano till Saturday was not legally binding. Thus, the offer was hamper. ACCEPTANCEThere are two elements for acceptance to be valid. At law, acceptance must be Final and Unqualified. The general rule is that acceptance is effective only when is communicated to the offeror. Dianas acceptance is final and unqualified as she phoned and left a message with Iriss daughter, Athena, saying that she got the money and would collect the piano on Saturday morning. However, the acceptance was not communicated to Iris as Athena forgot to devolve the message to Iris. Thus, Dianas acceptance of offer is hamper as it does not fulfill the requirements for the acceptance to be effective. The acceptance was not comm unicated to the offeror.REVOCATION At law, offeror may revoke an offer at any time prior to the offer being accepted even if the offeror has promised not to revoke it Routledge v Grant Notice of repeal is crucial it is not effective unless the offeree knows it. Offeror are entitled to change their minds and withdraw offers at any time right up to the moment of acceptance. An offer flush toilet be revoked by the offeror any time before it is accepted. This is uniform to the case of Byrne & Co v Leon Tienhoven & Co (1880) Personal notification is usual, tho is not essential as long as the offeree knew or somewhat should have know that the offer had been withdrawn. Dickinson v Dodds (1876, CA) Revocation must be communicated to the offeree Byrne v Van Tienhoven (1880) On atomic number 90, Iris was visited by Juno who said that she would pay ?600 for the piano. Later that day, Iris posted a letter to Diana on Thursday to revoke the offer. The invalidation of the offer was in valid as the letter of revocation did not reach Diana. This was due to the fact that Mercury, the postman, delivered the letter to the wrong address. Thus, revocation was not communicated to the offeree.However, Iris would argue that the revocation was valid as at law, Iris did not scram an acceptance from Diana and she could revoke the offer at any time prior to the offer being accepted. But, Iris was not aware that the letter of revocation did not reach Diana. On the other hand, Diana would argue that the revocation was not effective as she gave her acceptance on offer to Iriss daughter on phone on Wednesday. Diana did not know that the acceptance was not communicated to Iris and she did not receive the letter of revocation.Thus, Diana assumed that her acceptance on offer was valid and appeared with a hired van to collect the piano on Saturday evening. Henceforth, Iris revocation on Thursday was not effective as the letter of revocation did not reach Diana. Revocation was not com municated to the offeree. CONCLUSION The offer between Iris and Diana is valid as well as Juno offer to Iris. The acceptance between Iris and Diana is not legally binding due to it was scarce a verbal promise that Iris would hold on to the piano for Diana till Saturday morning if Diana could raise the money.On Wednesday, although Dianas acceptance was do to Iriss daughter, Athena, it was not direct to Iris. If Dianas acceptance is invalid it can be argued, but if theres this, Junos acceptance may be valid. But the contract between Juno and Iris was invalid still due to Junos offer was given to Iris on Thursday. Although Iris accepted the offer, theres still no legal contract between them until Saturday. But Iris did something, she sent a revocation letter to Diana but Diana didnt receive it. Therefore, Diana can actually work on Iris for compensation.