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business law

An Offer is an expression of willingness to contract, and is made with the intention that it shall become binding on the person making it as soon as it is accepted by the person to whom it is addressed. The offer must be communicated. As in the case of WILLIAMS's v CARWARDINE (1833) information was given by the plaintiff to ease her conscience'. In R v CLARKE (1927), the information was given by the defendant to clear him from a false accusation. WC Bogs further informs saying that Bathroom Ltd should inform them if they are accepting the offer before 5 PM Tuesday either through fax or email as a written confirmation. As we move future, the claimant i.e. Bathroom Ltd faxed to ask if the prices of ₤150 includes taps and fittings at 1 PM on Tuesday, but did not receive any reply. As we throw light on the above condition, we can actually derive two dimensions from it. Firstly when Bathroom Ltd asked that the price of ₤150 includes taps and fittings it looked like a counter offer to WC Bogs. A Counter-Offer is the rejection of an offer and a new offer to the original offeror. In other words, in the case of a counter-offer, the first offer is voided by rejection. As in the case of Hyde v Wrench 1840 - offer to sell a farm for £1000. A counter-offer of £950 was made but later tried to purchase for £1000. However the counter-offer had destroyed the original offer. Secondly from a different dimension it is also possible that Bathroom Ltd is merely asking for further information, before they confirm the order. I can say that even an inaccurate statement of the terms of the offer may not necessarily vitiate the acceptance. If an offer is framed in such a way that it makes clear that the offeree can accept within a specified range of terms, then an acceptance within that range is not a counter-offer. The safest "rule of thumb- is that the acceptance must exactly fit the offer.


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