1 Catherine Elliott and Frances Quinn, Contract Law.
Some of the questions that the paper seeks to
answer are whether Simon and Huddersford Bookshop have any contract binding
them. In addition to that, there is need to determine the remedies if any that
are supposed to be awarded to him. Further, the paper seeks to evaluate the
existence of a binding agreement if Jenny had sent the acceptance letter to
Simon. Lastly, there is an in-depth discussion of ways in which one can easily
differentiate between an offer and an ITT by applying court holdings in various
cases such as, Partridge v Crittenden, Carlill v. Carbolic Smoke Ball Co., and
Adams v. Lindsell.
The main objective of this
paper is to determine whether there is a contract that binds Simon and
Huddersford Bookshop. In the determination of the case, there are various legal
issues that need to be addressed. These are an offer, acceptance, ITT, and
remedies that should be accorded to the aggrieved parties in the case. To begin
with, an offer is an explicit proposal that is given one party of the need for
a contract which when accepted binds the two parties involved in an agreement
and in the process completes the contract. The person proposing the contract is
referred to as the offeror whereas the one agreeing is referred to as an offeree.
An acceptance, on the other hand, is the expression of the willingness by an
offeree to be bound by the terms of the contract. ITT stands for Invitation to treat and is not
characterized by any significance in terms of there being a contract. Remedies
are interventions that are made by the court of law to ensure that the
plaintiff is restored to his or her initial financial status if such a position
is infringed on by a contract he or she enters into. Some of the remedies that
may be settled on by the courts include rescission, specific performance,
restitution and the award of damages to the plaintiff.
A contract is an agreement
that legally binds the parties involved. Alternatively, it can be defined as a
promise or a set of the same that are enforceable by law1.
By getting into an agreement, parties acquire obligations and rights which are
enforceable by the court of law. The main method through which such agreements
may be enforced is by the award of damages although in many cases the court may
order the defaulting party to perform a specific action to compensate the
aggrieved party. In addition to that, there has to be evident communication
between the two parties involved for an agreement to be considered as binding
the parties involved. In the case of Simon V Huddersford Bookshop, there is no
binding contract as the sellers failed to respond to the offer sent to them by