For a contract to be fully constitute there must have been an offer , followed by word sense . Once the consideration has been paid the mash will concord that a contract has been created. Problems can arise where the parties are dummy up in the negotiation stage, and are involved in buffet offers. In these circumstances no contract is created until the parties agree on a price.
In the above, Bovine initially asked Shambo if he would be prepared to accept £120,000. This resulted in Shambo replying by rejecting the offer except offering to sell for £150,000. Bovine was instructed to reply before Friday dawning otherwise it would be assumed he was not interested and the land would be offered to Gangotri. This would be regarded as a counter offer by Shambo and as such no contract has been agreed .
If Shambo had received the reply from Bovine then a contract could have been duly created, assuming he was impulsive to accept the remainder in instalments. As the fax was not received it would appear that the parties were still in the process of negotiation and therefore no contract had been created. In determining whether a contract has been created the court will examine all the communications among the parties to ascertain if there has ever been an agreement between the parties on the same terms . Generally speaking the court will take the view that where there are running(prenominal) counter offers the final document in the series will be evidence of when the contract is fully created . In the above the request to pay by instalments could be viewed as a counter offer and as Shambo did...If you want to get a full essay, order it on our website: Ordercustompaper.com
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