by Kelly  07/02/2021  0 Page Views
0 Comments  Commercial law, litigation, contracts, IP, property law

Hi All

I hope it's ok that I seek some assistance here. I am trying to ascertain for a uni subject the best way to apply contract law in a case study. 

 

The relevant facts:

1. 4/5/20 - Offeror made offer - 4 days to accept

2. 6/5/20 3pm - Offeree made counter offer by post (NB. I am aware postal rule does not apply to rejections, eg. counter offer so technically counter offer not yet in effect - wasn't received until 8/5/20)

3. 6/5/20 5pm - Offeree rang offeror and advised to ignore the letter, they wish to accept the original offer

 

My questions:

1. While a counter offer nullifies the original offer, it hasn't been received yet, so is it not in effect and they can then still accept the original offer?

2. The offeree acknowledges sending a letter (not necessarily a counter offer) when making the phone call, so does that render the original offer null and void? (Eg. the intent was there for the counter offer)

3. Is there any relevant case law that deals specifically with this situation? 

 

Thanks

 

Kelly