skip to Main Content
The smarter way
to do assignments.

Please note that this is just a preview of a school assignment posted on our website by one of our clients. If you need assistance with this question too, please click on the Order button at the bottom of the page to get started.

Need an argumentative essay on Commercial law-Sale of goods. Needs to be 12 pages. Please no plagiarism. But the accepted offer by post instead of the agreed wagon driver. The wagon driver arrived before the letter of acceptance reached E. It was held that there was no contract. In Malik vs. Constance however, there was no particular mode agreed upon of accepting the offer and therefore, Malik had the liberty of to use any. The question however is, if by leaving his acceptance on Constance’s’ telephone answering machine there was a valid acceptance. 1(b) For acceptance to be effective, it must be communicated to the offeror. However, there are exceptions when an acceptance would be effective through no communication has taken place. Some of these exceptions include when acceptance is by post. It contrasts with the general rule that a contract is complete only when acceptance is actually communicated to the offeror.However, communication by telephone is not captured in this exception to the rule of communication. The law says that where there is such a communication between the parties i.e. where the means of communication is telephone, telex etc, and the contract is only complete when acceptance is received by the offeror. This was held in the case of Entores Ltd Vs. Mles Far East Corporation. In this case, the plaintiffs in London made an offer by telex to the defendants through their agent in Holland. Acceptance of the offer was communicated and received by their plaintiff on their telex machine in London. The court had to determine whether the contract was made in London or in Holland. It was held that since communication by telex was instantaneous, the contract was concluded in London where the acceptance was received by the offeror. 2In the case of Malik vs. Constance, Malik cannot claim that he had accepted Constance’s offer to buy the suit unless contrast admits that he opened and listened to his phones answering machine the message Malik had left.Malik’s action against Constance to recover the damage caused by vandals will not succeed because the damage would not be foreseeable by Constance by the time the contract was being made. On of the rules of consideration is that it must be real. The fact is that the suit had not been delivered to Constance and it would be illegal for Malik to recover money from him for nothing sold.Consequently, Constance cannot successfully sue Malik for breach of contract. Under the law of contract two parties are under an obligation to fulfil their requirements under the contract and also to be bound by its terms and regulations. In this case, the only term condition that was to be maintained in the contract was that of further modifications to the suit long of furniture. And Malik made the modifications as agreed. In fact Constance, knowing very well that he was away on business could’ve taken reasonable steps to check for any information in this telephone. Malik could not have foreseen the theft that occurred in this premises. Therefore Constance action will also fail. 3Malik Vs BedenhamsUnder the sale of goods act, there is an implied condition that the goods must correspond with the description. This was held in the case of Varley vs. Whip.

GET HELP WITH THIS ASSIGNMENT TODAY

Clicking on this button will take you to our custom assignment page. Here you can fill out all the additional details for this particular paper (grading rubric, academic style, number of sources etc), after which your paper will get assigned to a course-specific writer. If you have any issues/concerns, please don’t hesitate to contact our live support team or email us right away.

How It Works        |        About Us       |       Contact Us

© 2018 | Intelli Essays Homework Service®