Kelly's Contract Essay Example | Topics and Well Written Essays - 1500 words

Kellys Contract - Essay Examplel contain a classic promise providing the other party with an unambiguous option to accept or decline the offer.1 An offer constitutes the starting point of a contract and must be stated with clarity. In other words the person receiving the offer must be able to determine from the offer exactly what it is that is being offered as healthy as the terms of the offer.2 Kellys offer is for the sale of two black limousines for the 15,000 pounds.Kellys offer is in the form of an advertizing and typically an advertisement is hardened as an invitation to treatparticularly since it usually lacks specificity. This is usually the case in advertisements for the sale of goods.3 In Carlill v Carbolic Smoke Ball Co Ltd (1893) 1 QB 256 however, it was held that if an advertisement was presented with sufficient clarity it could constitute a valid offer.4 Once an offer with sufficient specificity to purchase the advertised goods is make and that offer is accepted by th e seller it is possible for a legally binding contract to be formed.5 Based on these rulings Kellys advertisement constitutes a valid offer, acceptance of which is capable of forming a legally binding contract.The offer made to Sarah via email for the sale of the two limousines is also a valid offer. However, Sarahs response is problematic for Sarah since it did not reflect the actual offer and by implication represented a counter-offer. Sarahs insistence that the limousines be sprayed white functions as a rejection of Kellys offer. A counter-offer is made when new terms are injected and are required to be accepted.6 Sarahs counter-offer was made via email. In circumstances where communication of an acceptance is made via an instantaneous manner such as an email, the offer is effective at the time of remittance.7 It is not certain that Kelly received the email, but even if she did not receive the email it pass on not negate communication of the counter-offer. Kelly is deemed to h ave